Labor law
Layoffs · Compensation · Independent Managers · Harassment · ...
Maître Céline QUOIREZ practices at NIMES as a Lawyer specialized in Labor law and also intervenes in the fields of Special Criminal Law (labor, business, town planning), Personal Injury Law and Family law. At the same time, Céline QUOIREZ has completed her training as a mediator and is on the list of approved mediators of the Court of Appeal of NIMES.
Layoffs · Compensation · Independent Managers · Harassment · ...
Divorces · Natural children · Alimony · Compensatory allowance · ...
Work · Business · Consumption · Town planning · ...
Compensation · Economic loss · Disability · ...
In 70 to 75% of cases the Mediator allows the parties to come out of the conflict and find a lasting agreement, which can if necessary be approved by the Judge
the average length of a mediation is 30 to 90 days, far from the usual times of legal proceedings
the agreement is designed by people for people, "tailor-made", their imagination meeting only public order.
the cost of mediation is controlled and known in advance, it is the subject of a mediation agreement
the law provides that time limits are suspended during the mediation period.
What mediation is: a structured, completely confidential process, during which two or more persons (natural or legal) in conflict ask a third, foreign to this conflict, to help them restore dialogue to find a solution to their dispute.
The people who have chosen this approach remain free at any time to continue or interrupt the process.
The mediator, neither judge nor arbitrator, is a qualified professional specifically trained to restore between the people present, the dialogue necessary for the emergence of a mutually acceptable and understandable agreement.
The legal scheme thus imposing a victor (although the judicial victory is rarely total) and a defeated, gives way to a “win-win” agreement freely consented and constructed.
The parties that work together to draw up this agreement are not bound by any predetermined scheme, their imagination is therefore mobilized to bring their expectations and needs together, the only limit to this approach resulting from respect for public order.
Since 1995 French law has integrated mediation as an alternative method of dispute resolution.
Mediation can thus be ordered by the judge and even constitutes a compulsory prerequisite in certain matters (family matters in particular). We are talking about judicial mediation
But people who oppose a dispute can also choose to call on a mediator, before any trial or even when it is started: it is then conventional mediation.
Céline QUOIREZ is registered on the list of mediators of the Court of Appeal of NIMES and is part of the Association Mediation30, she can intervene on the whole national territory.
Specializing in Labor Law, Céline QUOIREZ has developed real negotiation expertise in the field of Labor Law and has therefore been particularly aware of the often costly consequences (in financial terms but also in terms of social climate) of conflicts that may arise in such an environment. It is therefore natural that she offers to put her know-how as a mediator in this area at the service of companies and employees encountering a dispute (conflict between employees, between employees and their hierarchy, between several departments, or necessity for the company and the employee to negotiate with the help of a third party, in the most absolute confidentiality , the future of an employment contract to avoid the cost, the delays and the vagaries of a prudent procedure 'homale).
The emergence of a culture of Mediation, and the increasingly frequent integration of mediation clauses in contracts regularly lead companies to opt for this approach in order to resolve their dispute in particular with their service providers, suppliers, or in the context of conflicts between partners.
It may seem odd that a Lawyer can promote such a process, which offers an alternative to trial.
First of all, it is very clear that a mediator can never intervene in a dispute which he has come to know as a lawyer, and vice versa.
The personal approach of training me to become a mediator results from a simple and recurrent observation after 25 years spent practicing my profession of Lawyer: very few people are able to claim to be fully satisfied by the decision rendered by the Judge. />
First, because it is very rare to obtain satisfaction on all the points submitted to arbitration by a court
Secondly and above all, because assuming that the material and financial demands have been partially or fully satisfied, the moral and psychological needs which fueled the conflict have for their part never been met and cannot be met in the strict sense legal framework.
So that both for the one who can consider himself "victorious" and for the "defeated", the conflict often remains whole, at least very partially resolved. The urge to continue to fight it persists and will often result in the exercise of yet another voice of appeal , or of actions likely to relaunch hostilities.
However, many conflicts arise between those who have one day freely contracted a bond: romantic, friendly, social, commercial ...
"We loved each other so much" ... and for this reason contracted marriage, believed in the sustainability of our business, the success of our commercial contract, the synergy of our working relationship ...
When everything is finished and well finished, the separation sends everyone back to their disillusions and their worries about the consequences of the breakup. The natural reflex is to blame the ex "partner".
Principle positions are forged, which no one gives up. When direct negotiation becomes impossible, the idea of judicial arbitration is born.
This is where Mediation takes on its full meaning and value.
Establish a space for speaking, in a structured but free, absolutely confidential and reassuring framework for those who have consented to this approach.
Neutral and impartial third party (more precisely: multi-party because he is present for all those entering Mediation) the mediator is the one who will use all his skills to restore communication and allow, before the trial or even when -it is already engaged , to those who requested it:
Reclaiming one's destiny very often involves concessions, but unlike those imposed by a court decision, it is indeed the mediation players who choose what seems to them determinant, and what can be concessioned to each other.
A “win-win” agreement will be all the more accepted by those present.
It is good to underline that the fruit of this common construction: the agreement, is most often the subject of the drafting of a protocol that people can have approved, giving it the same value and the same force. than a judgment.
As for the cost of mediation : this is a cost known in advance, controlled because it is clearly stated in the mediation agreement submitted to people before they enter mediation.
Judicial mediation can be the subject of legal aid.
Legal protections incorporate now and for the most part mediation in their support scales it is appropriate to question them in this regard.
Example of the cost of mediation for two people including an information meeting, an individual interview with each of the two people and one to two plenary meetings: 400 to 800 euros per person.
For a business: the cost of mediation is 700 to 1,400 euros including tax
Individual information meeting on mediation: 50 euros which will be deducted from the total cost of mediation if this appointment is followed by the entry into mediation of the person concerned.
Specialist in Labor law, Maître Céline QUOIREZ advises and defends all the actors of the company: managerial or non-managerial employees, trade union organizations, CSE, TPE, PME ...
Labor Council, Social Pole, Social Chambers of the Courts of Appeal, throughout the national territory
encountering difficulties during the execution of their employment contract or wishing to trigger a process of exit from the company.
In the context of audits and risk assessments, drafting of contractual documents, monitoring of disciplinary sanctions or termination of the employment contract
Specialized in Labor law for more than 20 years, Maître Céline QUOIREZ has acquired real expertise in the negotiation put at the service of customers, in particular autonomous executives, eager to negotiate their departure from the business.
In this perspective, it is not only a question of triggering the opening of a transactional process making it possible to obtain the most - reasonably - advantageous exit conditions, but also of assessing and optimizing the fiscal and social consequences of the transactional compensation obtained, as well as its incidence in terms of deferred POLE EMPLOI (which can appreciably neutralize the interest of the transaction by deferring the assumption of responsibility of the outgoing employee during 1 to 5 months).
Me QUOIREZ has acquired significant experience in Labor Law specific themes, notably
Me Céline QUOIREZ assists her English-speaking clients, in the context of international divorces, when the competent jurisdiction is French jurisdiction.
In matters of international divorce, it is indeed necessary to determine the territorial jurisdiction and the applicable law.
This competence is often determined by bilateral international agreements as well as by the BRUXELLES II bis Regulation.
Me QUOIREZ provides its English-speaking clients with the necessary information on the divorce procedure applicable in France and assists them by allowing them to maintain, during the course of the procedure, a perfect understanding of this right, the issues and the best strategy to adopt.
The jurisdiction of the French judge in the divorce of mixed couples with regard to the BRUXELLES II bis Regulation article 3:
Jurisdiction can be exercised according to the choice of the plaintiff by the courts of the Member State in the territory which is: the habitual residence of the spouses; the last habitual residence of the spouses insofar as one of them still resides there; the defendant's habitual residence; the habitual residence of either spouse if the request is joint; the habitual residence of the applicant if he has lived there for at least one year immediately before the application (the period being reduced to six months if he is a national of the Member State in question). The courts of the Member State of common nationality of the spouses are also concerned.
These rules of jurisdiction are mandatory when the spouse is a resident in the territory of a Member State or is a national of a Member State. In this case, it can only be brought before the courts of another Member State under Articles 3, 4 and 5 of the Regulation.
Please note: the BRUSSELS II Bis Regulation does not apply to divorce by conventional mutual consent, considered by the CJEU as a private divorce.
It is the fastest divorce procedure since it does not require any intervention by the judge. To benefit from this accelerated procedure, the spouses must have agreed on the principle of the breakdown of marriage and its consequences. Their agreement is formalized by the Lawyers (the procedure requiring each spouse to have their own lawyer) in an agreement signed by the parties, after a cooling-off period of 15 days. This agreement is then subject to registration by a Notary in order to give it a certain date and enforceability.
This type of divorce, although making compulsory the intervention of the Judge, remains nevertheless rapid because it does not induce any hearing and is established by means of a joint petition filed with the court registry.
The spouses agree on the principle of divorce but ask the judge to arbitrate the consequences of the divorce
The fault is understood by law as one or more acts constituting a serious or renewed violation of the duties and obligations of marriage
The spouses have been separated for more than two and one of the spouses does not wish to divorce. This separation for two years legally constitutes a ground for divorce.
The consequences of the divorce that need to be resolved include:
Holder of a DEA in Comparative Criminal Law and Criminal Policy in Europe, Maître Céline QUOIREZ assists you before criminal jurisdictions, and more specifically in Special Criminal Law of the press, labor, business and of town planning
Maître Céline QUOIREZ intervenes at the various stages of the criminal procedure and in particular when her clients are summoned by:
The Law provides for a principle of full compensation for damage. Putting such a right into practice is not always easy and also requires a solid knowledge of judicial or conventional schemes making it possible to obtain compensation for all of the "physiological", economic, moral prejudices ... all listed in a nomenclature ("DINTILHAC").
To achieve the best possible result for the benefit of my Customers, I encourage them to enlist in the event of significant damage and serious consequences the intervention of a Consulting doctor and / or occupational therapist so that the latter assist them also during appraisals intended to qualify the prejudice and needs related to disability.
The people concerned undergo upheavals at all levels of their life, personal and professional and face the need to rebuild themselves.
The discussion and, in the event of failure of the negotiations, the judicial arbitration, will relate to all the posts necessary for this reconstruction and in particular the evaluation in addition to the “current” posts (loss of earnings, permanent incapacity, suffering endured, prejudice aesthetic…):
It is always possible after being compensated, to assert the further aggravation of its damage. This worsening can be medical (worsening of the rate of partial permanent disability, endured suffering that has increased ...) or situational.
In this second hypothesis, the aggravation results from the modification of the environment of the victim or from a lifestyle choice after the compensation for his damage (whether this compensation was made by means of a transaction with insurance or under a judgment).
Young adult victim of a road accident who made him paraplegic, compensated while he was staying with his parents. Several years after the payment of this first compensation, the young man acquired land on which he built a house in an environment (the Cévennes hinterland in this case) requiring many improvements. The situational aggravation of this client has been recognized by the insurances which have taken charge, in particular:
For this case, the intervention of an occupational therapist alongside the client was decisive.
The increased need for a homemaker due to the birth of two children. "The damage for which Ms. X sought compensation consisted of the increase, due to the presence of her two children, of the housekeeper whose compensation had previously been granted to her personally because of her disability, and that this new economic damage, independent of the victim's after-effects, had not been taken into account by the judgment prior to the birth of the children ”(Civ. 2nd February 19, 2004 n ° 02-17954) >
The care in a specialized institute. "By saying so, while the new action sought to repair an element of damage unknown at the time of the initial request and on which it could not be decided, and while the circumstance that the victim was affected d 'a 100% permanent incapacity did not exclude the possibility of an aggravation of his damage, the Court of Appeal disregarded the texts and principles mentioned above ”. (Crim July 9, 1996 n ° 95-81143)
Merci à Maître QUOIREZ pour son efficacité sur mon dossier, son écoute et son professionnalisme, je la recommande vivement
Avocat à l'écoute et donne de très bons conseils. Je recommande fortement maître Quoirez sur le Labor law et pour toutes questions relatives à la sécurité sociale. Une Lawyer très professionnelle.
Lawyer extrêmement professionnel, dévoué et à l écoute affaire résolu dans la journée merci beaucoup de votre réactivité et je vous souhaite une longue carrière Cordialement message à l'attention de Maître Quoirez
Maître QUOIREZ, est une Lawyer, qui fait preuve de beaucoup d'empathie, et qui a su se rendre disponible alors quelle était en congés pour me donner des conseils qui se sont avérés parfaitement avisés. Je referais appel à elle, sans l'ombre d'un doute, même si j'espère ne jamais plus avoir à le faire ;-) merci encore.
L'efficacité est une qualité certaine chez Maître Quoirez ainsi que sa disponibilité mais plus que tout la valeur de ses conseils. Indispensable dans un bon carnet d'adresse.
Je voulais tout particulièrement remercier Maître Quoirez pour son professionnalisme dans cette affaire dont je ne voyais pas d'espoir. Une Lawyer humaine , à l'écoute et d'excellents conseils. Aujourd'hui me voilà rassurée et sereine grâce à Maître Quoirez sur mon futur
à l’intention de maître quoirez
je tiens à vous exprimer mes plus vifs remerciement pour l’excellent travail que vous avez effectuer pour moi ,d'une très grand efficacité,et de professionnalisme ! encore merci.
Très satisfaite des interventions de Maître Quoirez, tres disponible, rapide et qui suit attentivement le dossier.
