Out of court settlement
Conciliation before the Commercial Court can help to reach an out of court settlement in business law disputes. The duration and uncertainty of the judicial decision are, by hypothesis, determining factors for parties wishing to settle. This amicable solution has the merit of determining the final outcome, rather than leaving it to a third party (the Judge).
In line with classic negotiation theories (e.g. Getting to Yes), the parties need to move from a dialogue based on positions/opinions (position-based) to an interest-based negotiation. This means taking into account their interests, such as the length and cost of proceedings, the uncertainty of a decision entrusted to a judge, cash flow and predictability needs, rather than the contractual faults and breaches attributed to the adversary.
The termination of commercial contracts between business partners gives rise to numerous disputes. The party responsible for terminating the contract is often attacked by the company that has suffered the termination on the legal grounds of gross breach of established commercial relations.
In a recent case, a settlement agreement was signed between the parties in this dispute concerning a claim for compensation for the brutal termination of established commercial relations. (value of the dispute: 400,000 euros) The legal proceedings between the parties had been going on for over 18 months. The parties, assisted by their lawyers, managed to reach a settlement with the help of the conciliator of the Paris Commercial Court.
Our clients prefer to settle the case, if a win-win settlement is possible.
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