The decree dated 18 July 2025 establishes the principle of cooperation between the judge and the parties in order to encourage the use of amicable dispute resolution methods. It has thoroughly revised Book V of the French Code of Civil Procedure, which now includes all provisions concerning amicable dispute resolution methods, whether conventional or judicial. This decree came into force on 1 September 2025 and is, for the most part, applicable to proceedings ongoing on that date. Here are its main contributions.
Firstly, the parties are expected to jointly cooperate and organize the proceedings. The parties are now invited to freely agree on the terms and conditions for the handling of their case; the judge may only intervene in the event of failure or lack of cooperation between the parties.
The conventional agreement to structuring the proceedings can take place in two ways. On the one hand, the decree now allows the parties, assisted by their lawyers, to determine together the terms and conditions for the handling of their case. On the other hand, the decree specifies the terms and conditions for implementing the participatory procedure for the purposes of case management, which is a formal agreement between the parties, each assisted by their lawyer, committing to “work jointly and in good faith to prepare their case”, in particular by agreeing on the points of law to which they intend to limit the debate, provided that they relate to rights over which they enjoy unrestricted right, setting the terms and conditions for communicating their submissions and documents, appointing an expert, etc.
The decree thus specifies that a copy of this agreement must be sent to the judge by one of the parties. Entering into this agreement interrupts the statute of limitations for the proceedings. The judge may rule on any request related to this agreement and order a protective or provisional measure. Cases heard under this agreement will be given priority in the court schedule.
Secondly, the decree allows the parties to jointly agree on the organization of the trial, either before or after it starts. The expert may reconcile the parties, and his opinion shall have the same value as if he had been appointed by the court.
Thirdly, with the exception of judicial conciliation and judicial mediation, the parties may resort to amicable settlement methods during proceedings or in the absence of a referral to a court. The judge may order the parties to resort to a mediator or conciliator, under penalty of a civil fine of up to €10,000. The decree extends the conciliation and mediation periods to five months (instead of four months) and allows for their extension once for an additional three months at the request of the judicial conciliator or mediator. In addition, the decree provides for the suspension of the limitation period from the moment the judge decides to appoint a judicial conciliator or order mediation, until the outcome of the conciliation or mediation.
The decree establishes a principle of confidentiality for amicable procedures: “Unless otherwise agreed by the parties, everything that is said, written or done during the amicable settlement hearing, the conciliation entrusted to a judicial conciliator or the mediation is confidential.” This also applies to “documents prepared in the context of these amicable proceedings” but not to documents produced during such proceedings. Furthermore, confidentiality is lifted only in exceptional circumstances.
Finally, the agreement resulting from this amicable process may be made enforceable. This is achieved when the agreement is approved by the clerk, at the request of at least one party.
Décret n° 2025-660 du 18 juillet 2025 portant réforme de l’instruction.
