GEMME Belgium played a leading role in drafting the new law on the extension of chambers for out-of-court settlements (Chambres de Règlement à l'Amiable = CRA) to civil, commercial and social matters, which has just been adopted by the Belgian Parliament.
The strategic unit of the Minister of Justice asked Gemme Belgium to help it reflect on the extension of the chambers for amicable settlement (CRA) to matters other than family matters, and this reflection led to the law of 19 December 2023 on various provisions in civil and judicial matters. This law was published in the Moniteur Belge (available only in Dutch or French)
Since the insertion (at the instigation of Gemme Belgium) of article 731 of the Judicial Code by the law of 18 June 2018, it has been expressly confirmed that it is part of the judge's mission to reconcile the parties.
In recent years, a number of projects have been launched in various courts and tribunals to develop the conciliatory role of the judge and the amicable resolution of disputes. The success of these projects is indisputable.
The law therefore takes a further step by formalising them and thus facilitating the introduction in all courts and tribunals dealing with civil (including tax), commercial and social matters of CRAs similar to those that exist in family matters.
The methodology within the out-of-court settlement chambers (CRA), the role of the magistrate and the guarantees for litigants (confidentiality of the process, possibility of an aside and obligation for the magistrate to defer) are thus clarified in the law.
Gemme Belgium, as a supporter and defender of this project, shares its philosophy but stresses the need to provide sufficient resources to the courts and tribunals to effectively implement the extension of the out-of-court settlement chambers (CRA).
Tuesday 20 February 2024 at 6.30pm: Gemme Belgium will be organising a webinar open to all to present this law and conciliation practices.
Mark your calendars now.
