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April 25-26, 2005

April 25-26, 2005. WIPO CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION. PRESENTATION OF:. Nicole RIEUNIER-BURLE, Avocat à la Cour Head of the Life Science Department BRUNSWICK LAW FIRM. FRENCH LAW ON { CONCILIATION

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April 25-26, 2005

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  1. April 25-26, 2005 WIPO CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION PRESENTATION OF: Nicole RIEUNIER-BURLE, Avocat à la Cour Head of the Life Science Department BRUNSWICK LAW FIRM

  2. FRENCH LAW ON { CONCILIATION { MEDIATION CONCILIATION ART. 127 Nouveau Code de Procédure Civile - The parties to a litigation may settle by themselves or following the Judge’s initiative - a claim liquidated - certain or unliquidated: in dispute - The settlement is recorded in minutes signed by the judge and the parties - Excerpts of such minutes may be enforced as writ of execution MEDIATION ART. 131-1 et seq. NCPC The judge may nominate a natural or artificial third person represented by a natural person with the parties’ consent To hear the parties To compare their positions with a view to finding a settlement • On all or part of the dispute - During 3 months, renewable once - The judge delivers terms of reference - The « mediateur » has no investigation powers, but may hear third parties, upon acceptance of the litigating parties • The outcome - Settlement recorded by the judge - Continuation of the dispute

  3. EXPERIENCE / NEEDS IN VIEW OF DISPUTE RESOLUTION I.E. BEFORE GOING TO COURT OR TO ARBITRATION • NEEDS: WORK AND TIME • INSTITUTION MANAGEMENT MUST • FREEZE ANY INITIATIVE AS SOON AS THE DISPUTE IS THREATENED OR DECLARED • COLLECT AND ASSESS ALL INFORMATION AVAILABLE • HAVE AN ANALYSIS MADE BY IN-HOUSE LAWYERS AND COUNSELS • DERIVE A STRATEGY WITH LAWYERS STRATEGY INCLUDES • A TENTATIVE SETTLEMENT DISCUSSION LIMITED IN TIME • USE OF ALL THE STRENGTHS: LEGAL, POLITICAL AND MEDIA EXPERIENCE: WORK, NO TIME • LAWYERS INVOLVED TOO LATE • EMOTION TAKES THE LEAD AND JEOPARDIZES AMICABLE SOLUTIONS • CONCILIATION / MEDIATION DIFFICULT TO IMPLEMENT

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