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Glossary entry

French term or phrase:

siégeant en formation de règlement amiable

English translation:

sitting as an arbitration/mediation panel

Added to glossary by B D Finch
Jun 24, 2015 06:45
8 yrs ago
16 viewers *
French term

siégeant en formation de règlement amiable

French to English Law/Patents Law (general)
From a claim for compensation for medical negligence:

AVIS

La Commission de Conciliation et d'Indemnisation des Accidents Médicaux, des Affections Iatrogènes et des Infections Nosocomiales,

Réunie à Lyon le XX/XX/XX et **siégeant en formation de règlement amiable**,

How on earth would this be said in English?

Thank you in advance!
Proposed translations (English)
4 +5 sitting as an arbitration/mediation panel
3 +1 convened for the purposes of an amicable settlement agreement
3 +1 Sitting in an amicable settlement resolution panel
1 +1 sitting in its out-of-court settlement formation
4 -2 Sitting in an amicable settlement agreement
References
Some very UK sources for the field
Change log

Jun 24, 2015 16:28: Yolanda Broad changed "Term asked" from "URGENT! siégeant en formation de règlement amiable" to "siégeant en formation de règlement amiable"

Jun 30, 2015 10:41: B D Finch Created KOG entry

Discussion

B D Finch Jun 24, 2015:
@Nikki The committee is convened to sit for a specific purpose or as a "whatever it's called" and, having been convened, it then sits as a "whatever it's called" to fulfill that purpose.
Nikki Scott-Despaigne Jun 24, 2015:
"Sitting as" works well. I often use it myself. "Convene" is often used for "convoquer" but committees are "convened" to sit for specific purposes. As suggested, the solution fits well. In the fields of internal committees, it is used widely in this way in the UK.

Either fits. There is not one single way round this.
B D Finch Jun 24, 2015:
Convened or sitting? The French for "convened for" is "convoqué pour" or "se réuni pour". There is a subtle difference between that and "siégant en".
Daryo Jun 24, 2015:
I remember that "sitting in a formation as" was used on the website of a UK court, but I cant find it now - too many other uses of "in a formation as" ...
Nikki Scott-Despaigne Jun 24, 2015:
@Daryo The expression "convened for the purposes of" is a perfect (UK) fit for the ideas you express. It conveys with great accuracy the very notions you describe and present. The same groups of individuals can be convened for one purpose one day and for another quite different purpose the next. "Convene" imples purpose and that purpose is usually defined. I think that makes it a hot contender in this context!

http://www.vocabulary.com/dictionary/convene
http://www.thefreedictionary.com/convene
http://www.collinsdictionary.com/dictionary/english/convene
http://www.oxforddictionaries.com/definition/english/convene

Adding "for the purpose of" is a good idea.
Nikki Scott-Despaigne Jun 24, 2015:
The term "formation" would be an unlikely choice in such circumstances, for a UK audience at least. The expression "convened for the purposes of" is a very suitable turn of phrase for British English and, (in my view and professional experience of profiessional indemnity litigation in the UK (although non medical)), to express the notion of "formation".

In fact, "siégeant en formation de" is covered nicely by "convened for the purposes of" as is "en formation de réglement amiable".

Phrases such as "out of court" (without the hyphens are spot on in such contexts too, as is the term "resolution" although I prefer "settlement". "Resolution" can include financial compensation although not necessarily. The term "settlement" suggests almost automatically that financial compensation is involved. I therefore favour "settlement" here.
Daryo Jun 24, 2015:
siégeant en formation de is a key element.

What it basically means is that the same people can also be gathered to function as a different body, in which case the same body/group of people would be in a different "formation".

In this case you could imagine the same people acting as "arbiters" i.e. imposing their decisions on both parties, instead of acting as "mediators", i.e. trying to bring parties to a mutual agreement.

Or possibly a third "formation" where they would be acting as some kind of advisory panel...

Proposed translations

+5
1 hr
French term (edited): URGENT! siégeant en formation de règlement amiable
Selected

sitting as an arbitration/mediation panel

Note that you will need to check whether this is mediation or arbitration. The difference is that arbitration decisions are binding upon the parties to a dispute (once they have initially agreed to the arbitration), while mediation is not.

www.duhaime.org › Legal Dictionary... Model law on International Commercial Arbitration, also use the term arbitral tribunal to refer to an arbitrator alone or as a group sitting as an arbitration panel.

www.cedr.com/solve/profiles/stephenbate.pdfCEDR Mediation Panel: CEDR Chambers: ... Legal Assessor in the regulation of doctors under the Medical Act 1983 sitting with GMC/MPTS. Fitness to ... He has recently been sitting as arbitrator in 2 arbitrations with very high value claims in.

www.leagle.com/decision/...1206.../MORRIS v. METRIYAKOO...P... contends that the inclusion of a physician on the arbitration panel is a .... from sitting as fact finders in medical arbitrations solely because of occupation.

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Note added at 4 hrs (2015-06-24 11:04:33 GMT)
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A couple of refs showing that it's more likely to be mediation than arbitration. Obviously, the result of mediation or arbitration would be an out-of-court/amicable settlement.

www.cedr.com/library/articles/cdf_guide.pdfIt gives an outline of what mediation is and what it is not, why it should be .... Mediating Medical Negligence Claims: An option for the future? ..... those on panels dealing with clinical negligence work, can and often do form a view as to.

http://www.royalsoced.org.uk/215_Scotlandsnationalacademystr...
"While the process of mediation is used in many other countries to resolve disputes, particularly in the field of medical negligence claims, its current use in Scotland is minimal. The committee recommends that there is scope for using mediation to resolve patient disputes to a far greater extent. Litigation, it believes, must continue to have a place in resolving medical negligence disputes, but states that it should be used only as a last resort. The report recommends that mediation be seen as an option to litigation, and to the Complaints Procedure."

--------------------------------------------------
Note added at 4 hrs (2015-06-24 11:17:26 GMT)
--------------------------------------------------

thecommonwealth.org/sites/default/files/page/documents/Statute.pdf
The Tribunal, sitting as the original panel that heard the initial application,

hansard.millbanksystems.com/.../the-irish-land-commission-eden-derry-s...Any party to a suit before a Sub-Commission can, if he thinks he is aggrieved, have his case reheard by the Land Commission sitting as a Court of Appeal.
Reference:

http://www.acas.org.uk/index.aspx?articleid=4130

Peer comment(s):
agree Tony M
11 mins
Thanks Tony
agree Yvonne Gallagher
3 hrs
Thanks Gallagy
agree Nikki Scott-Despaigne : This works well too. Arbitration, as your ACAS source illustrates, is generally used in the UK for employment disputes. "Mediation" in this context seems a better fit.
5 hrs
Thanks Nikki. Not necessarily; when I worked in housing development, we could opt for either mediation or arbitration in the event of a dispute with a contractor. As noted above, however, I agree that mediation is more likely in this context.
agree philgoddard : I don't think the distinction between arbitration and mediation is important.
9 hrs
Thanks Phil. Whether or not the process results in a binding ruling by an arbitrator is very important to the parties concerned, particularly as it rules out taking the matter to court, while mediation doesn't.
agree AllegroTrans
9 hrs
Thanks AT
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you!"
+1
13 mins

sitting in its out-of-court settlement formation

I think that ought to be a starting point; personally, after 'réuni', I'd be inclined to simply leave out the 'siégeant' element as being redundant.
Peer comment(s):
neutral B D Finch : "Formation"? In single file? Arrowhead formation? Alternately upright and slouching?//Perhaps "form", rather than "formation".
1 hr
No, but in the sense of the composition of the committee. / What do you think about 'configuration'?
neutral Nikki Scott-Despaigne : Yuck. Sorry, sounds like a dance team presentation my dear! I like Said's idea of "convened for the purposes of..." which is an ever-so-English way round this one! I do note your confidence level on this one T! //Out of court is the right UK termino BTW.
3 hrs
Thanks, Nikki! Yes, I agree, clunky as they come :-(
agree Daryo : "sitting in ... xyz formation" IS the right jargon // "out-of-court settlement" may not be the best wording available, but it's not wrong
3 hrs
Merci, Daryo !
neutral AllegroTrans : I am forced, for once, to agree with the "yucks", this sounds like Eurobabble...
11 hrs
Thanks, C! I agree it is clunky, though some elements are not entirely wrong.
Something went wrong...
+1
30 mins
French term (edited): URGENT! siégeant en formation de règlement amiable

convened for the purposes of an amicable settlement agreement

This might be it.
Peer comment(s):
agree writeaway : certainly not wrong
2 hrs
agree Nikki Scott-Despaigne : I quite like this one. I'd drop "agreement" perhaps as "settlement" implies agreement.
2 hrs
disagree Daryo : you brushed under the carpet "siégeant en formation de"
2 hrs
neutral philgoddard : "Settlement agreement" is a tautology.
10 hrs
Something went wrong...
+1
32 mins

Sitting in an amicable settlement resolution panel

or Panel for amicable settlement. Probably an arbitration panel.
Peer comment(s):
agree writeaway : as, not in. But this is the first answer that gives the right idea at least. arbitration panel
1 hr
Thanks, W/A. yes, of course
Something went wrong...
-2
1 hr
French term (edited): URGENT! siégeant en formation de règlement amiable

Sitting in an amicable settlement agreement

A commission is sitting to come out with an amicable agreement
Peer comment(s):
disagree Tony M : Yes, but in EN we can't say 'sitting in an agreement'.
4 mins
disagree AllegroTrans : nothing can sit IN a settlement - the sitting is for the purpose of trying to reach an agreement
9 hrs
Something went wrong...

Reference comments

3 hrs
Reference:

Some very UK sources for the field

Peer comments on this reference comment:
agree Tony M
2 mins
Something went wrong...
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