Our attorneys in IT advise, assist and represent the firm FERAL-SCHUHL / SAINTE-MARIE’s clients during the different means of dispute resolution: amicable settlement, mediation, arbitration or during court actions (civil, commercial, criminal and administrative courts as well as the Employment Conciliation Tribunal).
In IT litigation, our law firm defends its clients during all the stages of the proceedings: interim proceedings, in the lower courts, during expert appraisals, but also during judicial remedies and court orders.
In addition to its vast experience in general commercial litigation (contractual and tortious liability), our law firm is frequently contacted by players in the new technology sector to represent them during disputes related to IT, internet and new technologies law.
The firm’s attorneys assist their clients, in particular, in the context of litigation involving the liability of internet players, whether it involves technical intermediates (FAI, hosts and operators), promoters, or victims or offenders (infringement, press offenses, IT offenses, invasion of privacy or cybersquatting…).
Are you trying to seek an amicable solution to put an end to a dispute or legal proceedings? Are you seeking to guarantee the confidentiality of your settlement negotiations?
Mediation might be the solution for you.
It is currently the preferred means of dispute resolution, being faster and less costly than a dispute before the civil or commercial courts. The mediation may be conventional (decided by the parties) or ordered by the courts (ordered by the judge, in agreement with the parties, at any time during the proceedings). We recall that the discussions during the mediation are confidential and that each party is entitled to withdraw from the mediation at any time.
In almost all cases of mediation in the firm FERAL-SCHUHL / SAINTE-MARIE’s experience, a sustainable and satisfactory solution has been reached. This tenet per se justifies the mediation remedy. Another tenet should be mentioned: mediation enables solutions to be reached that were not initiated by the parties. Whilst the judge decides on the parties’ claims – a claim for payment for example – the mediator may invite the parties to seek extraneous solutions – a new agreement to reinstate business relations for example.
Mediation requires the parties to adopt a different attitude. Let’s start with the attorney. Whilst he may continue to carry out his traditional missions of representing and defending his client, he cannot carry out the mission with a standoff approach, but should seek cooperation. For the litigant, he must learn how to hold the reigns of the dispute. With regard to the mediator, he must be briefed on the “know-how” of human communication: listen, reformulate, develop a consideration strategy, methodology, motivation, redefine language style and show an insight into priorities, whilst developing a positive approach…In short, he must be impartial and objective and generate an atmosphere of trust.
Mediation is a three-way relationship, contrary to the objections and dispute based culture. It is no longer a question of right and wrong but one of a justice for social equilibrium which is not related to the respect of norms and laws, which is the basis of liberal and democratic regimes.
Christiane Féral-Schuhl is an accredited mediator for the Paris Mediation and Arbitration Center (CMAP) for which she has conducted numerous successful mediations. She is also registered on the list of mediators for the World Intellectual Property Organization (WIPO), and on the list of mediators for civil, commercial and labor issues for the Quebec Bar. She is also listed as an attorney mediator in the Attorneys National Mediation Center (ANMC) directory. She is very involved in mediation and she allocated 2013 as the “Year of mediation of the Paris Bar” to encourage this form of amicable dispute resolution. In this context, she founded the School of Mediation for the Paris Bar, and was awarded an accredited vocational diploma by the latter. As a result of these endeavors in mediation she was awarded the “AME Mediation Award 2013” from the Association of European mediators.
She is also involved in seminars and conferences both in France and abroad.