Alternate Dispute Resolution Law at French Polynesia (France)
Alternate Dispute Resolution (ADR) Law in French Polynesia (France)
French Polynesia is an overseas collectivity of France, which means it follows French law, including provisions related to Alternate Dispute Resolution (ADR). While it has some local autonomy, the legal framework largely derives from French national laws.
1. Legal Framework
ADR in French Polynesia operates under the French Code of Civil Procedure and related French statutes. The key forms of ADR include:
Mediation (Médiation)
Conciliation (Conciliation)
Arbitration (Arbitrage)
These methods are encouraged by French law to reduce court caseloads and promote amicable settlements.
2. Mediation and Conciliation
Under French law (applicable in French Polynesia):
Courts may propose mediation or conciliation before proceeding with a trial.
Mediation can be judicial (court-appointed mediator) or conventional (agreed upon by parties).
Law No. 95-125 of 8 February 1995 and the Decree No. 2012-66 of 20 January 2012 regulate mediation and conciliation.
3. Arbitration
Arbitration is permitted under Articles 2059–2061 of the French Civil Code and the French Code of Civil Procedure (Book IV).
Parties can resolve both domestic and international disputes via arbitration, which is often used in commercial contracts.
4. Local Implementation in French Polynesia
Although French Polynesia has its own Assembly and certain legislative competencies, civil procedure and judicial organization remain under French jurisdiction. Therefore:
ADR procedures in French Polynesia mirror those in mainland France.
There may be local facilitators or mediation centers, particularly for land, family, or civil disputes, but they operate under national guidelines.
5. Customary Law Consideration
French Polynesia has traditional and customary dispute resolution methods. In some land and family matters, local customs might informally influence resolutions. However, these are not officially codified in ADR laws unless integrated into court-supervised settlements.
Summary:
ADR in French Polynesia is governed by French national laws, primarily the Code of Civil Procedure. Mediation, conciliation, and arbitration are all recognized and promoted methods of resolving disputes outside formal court trials. Local cultural practices may informally complement these legal mechanisms but are not substitutes for codified ADR frameworks.
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