By Mutual Amicable Agreement

September 13, 2021

An out-of-court solution can take some time if a problem is complicated or if the parties fail to reach an agreement. During this period, the prescription is inhibited. The terms of a transaction agreement do not have to be the same. A party may give up more than initially planned. However, as long as the parties reach an agreement on the terms and the court finds the compromise fair, the settlement will be confirmed by the court. A transaction is considered binding and the court considers it final and conclusive. A compromise and agreement will only be set aside if there is evidence of bad faith or fraud. The bodies empowered to request the amicable settlement of disputes between consumers and traders must be independent, efficient and competent. The Ministry of the Economy verifies that these bodies meet these conditions. If this is the case, they will be added to a list maintained by the Ministry of the Economy. The organizations on the list may publish the fact that they are listed. Mediation is a non-binding approach, similar to the amicable solution, in which an impartial third party – the conciliator/mediator – assists the parties to the dispute in reaching a mutually satisfactory and consensual settlement of the dispute. Disputes relating to family matters are often the subject of compromises and settlements.

Increasingly, courts are encouraging and requiring parties to strive to reach agreement on divorce and custody issues before pursuing a problem through legal proceedings. In a family environment where problems are very personal and emotional, compromise and settlement offer a way to preserve a certain sense of the close relationship between the parties. Since the parties reach a final agreement together, family issues that are settled by compromise and comparison are generally more consensual than those settled by litigation. Conciliation may take place either between the two or with the help of a third party. The Code of Civil Procedure stipulates that it is “the responsibility of the judge to reconcile the parties” (art. . . .

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