Out-of-court dispute resolution: An important lever for modernizing and enriching practice

Out-of-court dispute resolution is becoming increasingly important in legal practice. A recent study conducted on behalf of the Conseil National des Barreaux (CNB) sheds light on the practices and experiences of lawyers in this area. The results show that out-of-court methods such as negotiation, mediation and arbitration can not only be effective, but also satisfactory for the parties involved.

The study at a glance

The study, which was conducted by CSA and addressed to 4,315 lawyers, revealed that 80% of the lawyers surveyed use at least one extrajudicial method. The most common methods are negotiation, in-court and out-of-court mediation and arbitration. Most of the lawyers who use these methods are partners in their firms and work in firms with 2 to 10 lawyers. They are mainly active in the areas of employment law, real estate law, family law and corporate law.

Advantages of out-of-court dispute resolution

The study shows that out-of-court methods are used for both private individuals and companies, with the initiative often coming from the lawyers themselves. For 45% of the lawyers surveyed, out-of-court dispute resolution offers greater professional satisfaction compared to traditional court proceedings. This is attributed to the speed of resolution, the sustainability of the results and the improvement in relations between the parties.

Challenges and obstacles

Despite the advantages, out-of-court dispute resolution remains a secondary activity for 90% of law firms. One of the main reasons for this is the question of profitability. 53% of the lawyers surveyed consider the practice to be less lucrative, particularly due to the cost of mediators and the fact that fees are calculated on a time basis. The study also shows that although 59% of lawyers who use extrajudicial methods have completed the relevant training, the appreciation of these methods among clients and colleagues remains limited.

Main obstacles to the development of out-of-court dispute resolution

The study identifies several main obstacles to the further spread of out-of-court dispute resolution:

• Customers’ preference for judicial decisions
• Distrust of the effectiveness of extrajudicial methods
• Costs and profitability for the lawyer
• Lack of time
• Complexity of the procedures
• Insufficient training

Outlook and recommendations

According to the working group, it is necessary to increase the appreciation of out-of-court dispute resolution, strengthen training and promote cultural change to support the development of these methods. The detailed results of the quantitative and qualitative surveys conducted in February and April 2025 are available on the website of the Conseil National des Barreaux

Conclusion

Out-of-court dispute resolution offers numerous advantages and can enrich legal practice. Despite some challenges and obstacles, the study shows that these methods are becoming increasingly important and have the potential to complement and modernize traditional judicial dispute resolution.

Source: CNB study on out-of-court dispute resolution