Judicial recourse as regards to all litigations emerging between companies is no longer an automatic and efficient choice. Therefore, in several cases, our office opted for mediation, advice and reconciliation and it has achieved positive results. Our office encourages the use of these processes in order to settle disputes between spouses, companies, heirs, partners and others. As it has been said: “a bad arrangement is better that a good trial.”
We have to take the required measures, on case by case basis, and follow the reconciliation process along with the clients and the administrations in order to avoid disputes.
For that purpose, our office ensures that specialists will be at the disposal of our clients in order to carry out the procedures and to attend the negotiations aiming at bringing together the points of view, on the basis of the legal concept of conciliation and the art of mediation. We create a good atmosphere and a positive climate, favorable to conciliation, while establishing conciliation clauses in a reconciliation agreement, in order to avoid that they remain abstract intentions, which will not be taken in consideration by the judge.
Our office adopts the conciliation mechanism introduced in several comparative laws, international principles and private laws as stipulated by the law regulating the lawyers profession and especially article 1458 of the Tunisian code of obligations and contracts, building on the presumption of the “good faith” in accordance with article 243 of the Tunisian code of obligations and contracts.
It must be noted that conveying conciliation propositions is done through the different phases; before, during litigation and even after the pronunciation of the verdict, in a way guaranteeing companies’ or individuals’ rights. We also provide propositions concerning the compromise to ensure the correct enforcement of the judicial judgments.