Beyond mediation and arbitration, many other amicable procedures are available to solve conflicts effectively.
Technical and legal solutions
Sometimes, the conflict only concerns a technical or legal point. As a result, CMAP has created two types of independent expert assessments : technical assessment and legal assessment.
… To resume or begin negotiations
Independent technical assessment and independent legal assessment are amicable, cooperative and non-binding procedures. They aim at helping companies at least define a common ground for negotiation when a strong difference of opinion or understanding of a technical or legal point prevents the relationship from moving forward.
This is a quick and confidential way to get a report outside of the judicial process. The report is established by a neutral, independent and impartial third party. This process allows the continuation of the contractual relationships or of the negotiations.
Independent technical assessment
Definition
Independent technical assessment is a procedure that enables the parties to jointly request, from an independent expert, a confidential assessment on a technical (defect, working conditions of an equipment or machine, the conformity of a product, etc.) or financial (determining a price or value) matter.
The expert’s advice is written and is confidential.
This process can be launched at any time, during the performance of a contract or as part of mediation or arbitration. It is used to set technical or financial issues and facilitates the resumption of negotiations.
Example
A conflict arose between two partners which prevented any decisions to be taken. The company’s survival was at stake. A mediation was initiated to enable the partners to find a solution without jeopardizing the company. The discussions led the parties to an agreement : the partners split in good terms but the value of the shares for the split was the next question to answer.
An expert was appointed as part of the independent technical assessment process in order to value the company. The assessment was delivered a few weeks later. It helped the mediation discussions and enabled the parties to put an end to their conflict. The interests of each partner were preserved.
How to file your request ?
Independent technical assessment is jointly or unilaterally implemented by the party(ies). In the latter case, CMAP contacts the other party to obtain its agreement.
To file your request, please send a letter to CMAP (39 avenue Franklin D. Roosevelt, 75008 Paris) with the following information:
- Detailed contact information (company and relevant individuals’ name, address, phone number, email, …) of each of the parties and, if applicable, the names and addresses of their respective counsels;
- The copy of the relevant agreements between the parties that bind them, if any
- A summary of the facts in the dispute
- The presentation of the problem exposed to the expert
- If it has been decided) the name of the expert that the parties wish to appoint or the application for designation by the CMAP
The request is registered once the filing fees are paid (please include the payment with your request). Prices are set in the fee schedule valid at the time of your request.
For more information
For more information about this procedure, please see our Independent technical assessment Rules and the corresponding fee schedule. Feel free to contact us for more information.
The independent legal assessment
Definition
The independent legal expert’s mission is to help the parties assess how a court would likely decide, to interpret a contractual term or clause and its possible redrafting. He can also assess the damage suffered.
The independent expert cannot settle the dispute. He/She can only highlight the strengths and weaknesses of the parties’ respective positions and tell them, in accordance with the legislation in force and the existing case law, what decision a court might take if the case was brought before a court.
However, this is not a traditional legal opinion or advice process. Our process aims to help the parties reconsider their positions thanks to a collaborative and more constructive approach. This enables the parties to appreciate the value of their positions before the conflict. This process provides an objective assessment made by a legal professional who has heard the parties and exchanged with them.
Example
A conflict arose between a company and its subcontractor. The parties disagreed on the quality standards of a product. The subcontractor had delivered a product of a certain quality, at a contracted price. The project owner contested this delivery, considering that the product should have met much higher quality standards. The contractor considered that such standards would have involved a substantial price increase.
The parties, whose common interest is the end-customer’s satisfaction, agreed to use an independent legal assessment in order to determine the applicable quality standards and the additional amount to pay if needed.
Based upon the opinion given by the legal expert, the parties managed to reach an agreement which ended their dispute. They were able to continue to work together on similar projects.
How to file your request ?
The independent legal assessment is jointly or unilaterally implemented by the party(ies). In the latter case, CMAP contacts the other party to obtain its agreement.
To file your request, please send a letter to CMAP (39 avenue Franklin D. Roosevelt, 75008 Paris) with the following information:
- Detailed contact information (company and relevant individuals’ name, address, phone number, email, …) of each of the parties and, if applicable, the names and addresses of their respective counsels;
- The copy of the relevant agreements between the parties, if any
- The origin and the nature of the dispute
- The parties’ claims and the basis and legal arguments of these claims
- (If it has been decided) the third party must indicate that the parties wish to appoint their expert. If not, please attach the application for designation by CMAP
The request is registered once the filing fees are paid (please include the payment with your request). Prices are set in the fee schedule valid at the time of your request.
For more information
For more information about this procedure, please see #Independent legal assessment Regulations and the corresponding fee schedule. Feel free to contact us for more information.
Other tailor-made solutions
Three other contractual procedures have been created to complete the range of solutions that we offer to companies: the Simultaneous Med-Arb procedure, which mixes mediation and arbitration procedures so as not to lose time at all. The Emergency Decision, which is a contractual process for fast and efficient decision in case of emergency. Decision on Last Offer (DDO) or baseball arbitration, which is an original decision-making mechanism that can be particularly convenient in the case of a blocked mediation process. More information about these innovative procedures.