Analysis
Jean Petreschi
Lawyer · M&A
A significant reform was introduced by Decree no. 2025-660 of 18 July 2025, which amends two essential aspects of civil justice: the way a trial is prepared (the case-preparation phase, known in French as the instruction) and the options for resolving disputes amicably.
In practical terms, if you are a party to a dispute, or if you are considering bringing one before the court, these new rules directly concern you. You now have a more active role to play, alongside your lawyer. This decree offers you new levers to better control your case, but also new responsibilities. Here are our full explanations of what lies ahead.
The essentials at a glance:
🡺 Contractual case preparation allows you to organise the preparation of your case with your opponent, according to the timeframes you define.
🡺 The rules applicable to mediation, conciliation and the collaborative procedure are more accessible and more attractive than before, in order to encourage and facilitate the use of amicable procedures.
The parties now have a new means of organising the preparation of their case themselves, within a contractual framework.
What is case preparation (instruction) in a civil trial?
Case preparation is the phase during which a case is prepared before being adjudicated. The parties set out their claims, exchange their arguments and file their exhibits. It is at this point that the framework of the dispute is built.
Before the reform: case preparation under the control of the judge
Until now, the applicable principle was judicial case preparation: it is then the judge who manages this phase. The judge sets the timeframes, organises the exchanges and oversees the proper conduct of the proceedings. Its drawback is that it can lengthen timeframes and make the procedure more cumbersome.
The new feature: you manage case preparation with your opponent
Contractual case preparation is now the rule, while judicial case preparation becomes the exception. This means that you can, with your lawyer and that of the opposing party, organise the preparatory phase of the trial yourself, without the intervention of the judge, except in the event of difficulty.
You enter into an agreement with the other party, which may in particular cover:
the points of law at issue in the dispute;
the timetable and arrangements for exchanging exhibits and written submissions;
the conditions for recording witness statements or the examination of the parties.
Recourse to contractual case preparation gives the right to priority scheduling once the case is finalised, that is, an earlier hearing date.
Simplified contractual case preparation and the collaborative case-preparation procedure: two formats to distinguish
The decree creates simplified contractual case preparation: it differs from the collaborative procedure for case preparation, which already existed before the reform.
🡺 The collaborative procedure for case preparation
It allows the parties, with the assistance of their lawyers, to agree in writing on the organisation of the preparation of the dispute. Here, the parties must sign a written contract, the content of which is governed by law.
🡺 Simplified contractual case preparation
It establishes a general possibility for the parties’ lawyers to agree on the arrangements for preparing the dispute, without having to comply with the formal requirements of the collaborative agreement.
The possibility of appointing an expert during case preparation
Within the framework of the simplified agreement or the collaborative procedure, the parties may jointly appoint a technical expert to carry out an appraisal. It is therefore not necessary to apply to the judge to obtain this appointment. The parties then define the expert’s mission and remuneration. If a disagreement arises (over the choice of expert or over the expert’s role), the judge may be seised to settle the matter.
Alongside the reform of case preparation, the decree restructures and promotes the methods of amicable dispute resolution. These mechanisms constitute a genuine alternative to traditional litigation.
Alternative dispute resolution methods (MARD): what are we talking about?
Alternative dispute resolution methods make it possible to settle a dispute without a judge needing to adjudicate. They can be used even before bringing a matter before a court, to avoid going to court, but also during court proceedings, to bring them to an end by means of an agreement.
Until now, the rules applicable to these mechanisms were scattered across several texts. The reform brings them together within a clearer legal framework, in the French Code of Civil Procedure.
The three main amicable procedures
In all cases, recourse to an amicable solution requires the agreement of the parties. Depending on your situation, you may benefit from:
🡺 Conciliation
It is conducted by the judge or by a conciliator, who listens to the various points of view in order to propose an acceptable compromise. The conciliator is a volunteer, and his or her involvement is free of charge.
Conciliation is available only in civil matters, for example consumer disputes, neighbourhood nuisances, conflicts between landlords and tenants, disputes between traders or also in employment matters. There is also a specific conciliation procedure for companies in difficulty, to help them reach a payment agreement with their creditors.
🡺 Mediation
This is a more formal and fee-based process, conducted by a professional mediator, who helps the parties to communicate effectively in order to find a solution. Mediation can be adapted to complex disputes. It is available in civil and commercial matters and for consumer disputes, but you can also contact a professional for family, criminal or public mediation (a dispute with the administration).
🡺 The collaborative procedure
It is not a third party who helps you reach an agreement: it is a negotiation framed by lawyers, on the basis of a contract signed by the parties, which commits them to attempting to settle the dispute amicably.
What the decree changes for amicable procedures
The rules on amicable resolution are not only brought together, they are also amended to promote and broaden their application. Here are the main changes:
🡺 The order to meet a mediator or a conciliator
At any point in the proceedings, any judge may issue an order to the parties to meet a mediator or a judicial conciliator. The aim is to allow the parties to learn about the procedures available to them and their advantages. The litigants must attend the appointment, but thereafter they remain free to commit to an amicable route or not.
🡺 A new penalty
If a party refuses, without legitimate grounds, to take part in a first meeting with a mediator or a conciliator, it faces a civil fine of up to 10,000 euros.
🡺 Any judge may appoint a conciliator or a mediator
Previously, the judge’s ability to appoint a conciliator was restricted to certain cases, in particular low-value matters. Judicial conciliation now becomes available both before the judicial court and the interim-relief judge (juge des référés), for all disputes. This additional option may be particularly attractive from an economic standpoint, since the conciliator is a volunteer third party.
🡺 The generalisation of the summons to an amicable settlement hearing
The reform gives any civil judge (except the labour tribunal) the power to organise an amicable settlement hearing (ARA), at any stage of the proceedings. The judge seeks the parties’ views, but may order the hearing even without their prior agreement.
The ARA, distinct from an ordinary hearing, is conducted by a judge other than the one tasked with adjudicating the case. This judge has the task of fostering a balanced confrontation of the respective points of view and interests, as well as an understanding of the applicable legal principles, in order to reach a resolution of the dispute.
This decree marks a shift in judicial culture, with a new, more collaborative spirit between the judge, the parties and their lawyers. The judge’s role has, moreover, been redefined, with the aim of highlighting the choice between the amicable route and the judicial route:
“It is part of the judge’s mission to reconcile the parties and to determine with them the most appropriate method of resolving the dispute. The parties may at any time agree to resolve all or part of the dispute amicably.”
As a result, the parties are now expected to cooperate actively in resolving their dispute.
What this means for you:
You have greater scope to organise your procedure. In particular, you can choose, with your lawyer, to organise the pace of the case preparation yourself, which offers better control over timeframes.
You are encouraged to seek an amicable solution, with more accessible legal tools.
If you refuse to meet a conciliator or a mediator after an order from the judge, you may be sanctioned financially.
Your lawyer remains a central player in the procedure, not only to defend you, but also to steer the strategy of the case.
The decree enters into force on 1 September 2025. The new features relating to amicable methods (MARD) will apply to cases already under way on that date.
By contrast, the provisions relating to contractual case preparation will apply only to proceedings commenced thereafter.
Recourse to amicable resolution is possible at every stage of a dispute, and you can choose the procedure best suited to your needs.
Before applying to the judge
You can attempt to resolve a dispute without going through the courts. Three solutions are conceivable:
Contractual conciliation, with the help of a judicial conciliator, a volunteer participant;
Contractual mediation, conducted by a professional mediator;
The collaborative procedure: assisted by their lawyers, the parties commit by contract to attempting to reach an agreement.
These steps make it possible to seek an amicable agreement outside any judicial framework.
Please note: since 1 October 2023, you are required to use an amicable resolution method (conciliation, mediation or an attempt at the collaborative procedure) before applying to the judicial court for a dispute concerning the payment of a sum less than or equal to €5,000, and for certain types of disputes listed by law.
During litigation before the court
Even if court proceedings have been initiated, it remains possible to explore an amicable solution:
Amicable settlement hearing (ARA): the judge may organise a specific hearing, to attempt to resolve the dispute in the presence of another, neutral judge.
Contractual conciliation or mediation: you may, with the agreement of the other party, call upon a conciliator or a mediator at any time during the trial.
Judicial conciliation or mediation: the judge may itself appoint a conciliator or a mediator, with the agreement of the parties.
Collaborative procedure for amicable resolution: if you are assisted by a lawyer, you may agree with the opposing party to jointly conduct the search for a compromise.
Please note: whatever route is chosen, if you reach an agreement, it may carry the same force as a judgment. To that end, it may either be approved by the judge or benefit from the affixing of the enforcement formula by the court registry.
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Saint-Louis Avocats has developed a sharp expertise in business litigation and insolvency proceedings. Thanks to our knowledge of the judicial world and of civil procedure, we support our clients on a daily basis at every stage of a dispute and advise them on amicable resolution strategies.
If you are wondering about the application of these new rules to your situation, or wish to discuss the strategy best suited to your dispute, please do not hesitate to contact us.
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