Mediation, Negotiation & Amicable Dispute Resolution
Whenever it serves the client’s interest, the firm favours amicable dispute resolution methods, as a complement or alternative to litigation.
Not every dispute is meant to be decided by a judge. When the parties must go on working together, when confidentiality matters or when the cost and length of proceedings would be disproportionate, a negotiated agreement is often the best outcome. Since 2017, the OHADA area has had a Uniform Act on Mediation, which gives this method of resolution a secure legal framework.
FN & PARTNERS assists its clients in direct negotiation, in mediation led by a third party and in drafting the resulting agreements. The firm prepares these discussions like a trial: it assesses the strength of the case, sets objectives and limits with the client, and makes sure the agreement reached is clear, balanced and enforceable.
Issues We Handle
- Contractual mediation
- Negotiating a way out of a crisis
- Settlements and amicable agreements
- Preserving business relationships
Clients We Serve
- Companies
- Individuals
- Business partners in disagreement
How We Work
Amicable-settlement clauses
Inserting negotiation, mediation or multi-tier clauses into contracts, specifying process and time limits.
Negotiation support
Preparing the strategy, conducting discussions alongside or on behalf of the client, formalising proposals.
Mediation
Choice of mediator or centre, preparation of meetings, support throughout the process, protection of the confidentiality of exchanges.
Securing the agreement
Drafting the settlement agreement and, where useful, applying for court approval or exequatur to make it enforceable.
Our Approach
A demanding negotiating stance, which never sacrifices the client’s interests merely to reach a quick agreement.
Legal Framework
- OHADA Uniform Act on Mediation (2017)
- Uniform Act on Arbitration
- Rules on settlement agreements under the civil law applicable in Chad
- Prior conciliation procedure before the Labour Inspectorate in employment matters
- Rules of mediation and arbitration centres
Frequently Asked Questions
Mediation is a non-mandatory alternative method, which can be pursued before, during or alongside court proceedings depending on the case.
In principle, no. The Uniform Act on Mediation lays down a principle of confidentiality: proposals, statements and documents prepared for the mediation cannot be relied on in later proceedings, save for the exceptions set out in the text.
The agreement resulting from mediation is binding on the parties. To be enforced, it may be submitted to the competent court for approval or exequatur, or deposited with a notary, as provided by the Uniform Act.
No. Mediation is voluntary and either party may end it. The Uniform Act also provides that the limitation period is suspended during the mediation, which preserves the right to bring proceedings if it fails.
This information is general in nature and does not constitute legal advice. Every situation calls for specific analysis: please contact the firm before making any decision.
Let’s discuss your situation
A first conversation helps define your need and outline the options available.
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