The 2025–2026 period marks a very clear acceleration of France’s policy in favor of alternative dispute resolution. Judges, attorneys, mediators, and conciliators are now strongly encouraged to guide the parties toward a negotiated settlement before a judgment is rendered. (Légifrance)
1. Major reform of the MARDs to take effect in 2025
The decree of July 18, 2025, fundamentally reorganized the provisions of the Code of Civil Procedure relating to MARDs:
- complete recodification of the texts; ;
- strengthening the judge’s role in guiding parties toward an out-of-court settlement; ;
- clarification of the rules governing mediation, conciliation, and participatory proceedings; ;
- a stated commitment to making out-of-court settlement the standard method of conflict resolution. (Légifrance)
2. Establishment of Coordinating Judges for Out-of-Court Settlements
A decree dated February 12, 2026, establishes the positions of magistrates responsible for coordinating out-of-court settlements in the courts.
Their mission includes, in particular:
- expand mediation and conciliation; ;
- coordinate the parties involved in the out-of-court settlement; ;
- improve the referral of cases to the MARDs; ;
- track the results achieved. (conciliateurs.fr)
This is probably the most significant institutional change of 2026.
3. Expanded Judicial Powers
Since the reform:
- The judge must consider whether an out-of-court settlement is appropriate; ;
- he may refer the parties to a conciliator or mediator; ;
- In certain situations, an unjustified refusal to attend an informational meeting may result in disciplinary action. (LexisNexis)
4. Risk of a fine of up to 10,000 €
As of September 2025, if a judge orders a meeting with a mediator or conciliator, an unjustified refusal may result in a civil fine of up to €10,000. (LexisNexis)
This measure illustrates the government's commitment to making out-of-court settlements truly effective.
5. Mandatory Mediation to Remain in Place for Small Claims
For civil disputes involving amounts of €5,000 or less, as well as certain neighborhood disputes, a prior attempt at amicable settlement remains mandatory before the matter is brought before a court. (Ministry of Justice)
This is a key point for your site, Votre-Litige.fr, because it pertains to a very large portion of everyday disputes.
6. Expansion of the Alternative Dispute Resolution (ADR) Program
The ARA continues its rollout in the courts.
This hearing is presided over by a specially trained judge who helps the parties reach an agreement without ruling on the merits of the case. It is now one of the tools most strongly supported by the Department of Justice. (Ministry of Justice)
7. General trend observed
The trend is now clear:
| Before | Today |
|---|---|
| The trial was the standard procedure | Out-of-court settlement is becoming the preferred option |
| The judge's ruling focused primarily on | The judge encourages an out-of-court settlement |
| The MARDs were peripheral | MARDs are at the heart of the procedure |
| Poor coordination | National Institutional Governance |
What This Means for Votre-Litige.fr
Your position is perfectly aligned with current developments in the French justice system:
- referral to the appropriate professional; ;
- mediation; ;
- mediation; ;
- informal complaint; ;
- formal notice ;
- possible preparation of a legal appeal.
The key message you can emphasize now is:
«Before going to court, the law and the courts strongly encourage the parties to seek an amicable resolution appropriate to the dispute.»
This statement is now fully in line with the direction of French judicial policy. (EnM)