Pharmacy – rent - evidence and mediation

Rent fixing proceedings are sometimes lengthy, as the parties do not always provide proof of their claims. This is why a judicial expert is appointed. Now, the court can lengthen this procedure by orderingthe parties to meet with a mediator. 

In terms of amicable conflict resolution, the injunction to meet with a mediator had been put in place during 2019. 

In order to make it more relevant, the new 127-1 of the procedural code is worded as follows:

 “In the absence of having obtained the agreement of the parties provided for in Article 131-1, the judge may order them to meet, within a period he determines, a mediator responsible for informing them of the purpose and progress of a mediation measure. This decision is a measure of judicial administration. 

The judge may, for the application of the provisions of the preceding paragraph, give delegation of signature to a judicial attaché mentioned in Article L. 123-4 of the Code of Judicial Organization in Civil, Commercial, Social or Rural Matters ”. 

These provisions recently came into force on November 1, 2024. 

This means that from this date, this measure of judicial administration can be applied at the discretion of the rent judge, allowing him in particular, rather than having to decide a dispute, to try, through a mediator, that the parties agree. 

It can be noted that in two decisions concerning pharmacies, the rent judge of the Paris Court of Justice made use of this new provision contained in the Code of Civil Procedure (TJ Paris, baux. com., 12 February 2025, No. 23/10891 and TJ Paris, baux. com., 28 January 2025, No. 24/07668). 

The motivation of the rent judge was as follows:

 “In the present case, having regard to the nature of the present dispute, it seems appropriate that the parties should be able to resort, within the framework of the judicial expertise, to a measure allowing them to seek together, with the help of a neutral third party, a rapid and negotiated solution in a confidential framework. 

Therefore, in order for the parties to benefit from the explanations necessary for an informed decision on the acceptance of a mediation measure, they should be ordered to meet with a mediator. 

Consequently, the PHARMACY and Mrs X should be ordered to meet Mrs Y as mediator, who may, with the agreement of the parties, carry out her mission in the context of conventional mediation, in accordance with the procedures set out in the operative part of this decision “. 

This intention is commendable, and seems suitable for disputes relating to rent fixations. 

Of course, the parties or one of the parties may refuse to consent to this mediation. 

It is also appropriate, with regard to the provisions relating to the fixing of rent, to note the particularly educational nature of this decision. 

The Parisian rent judge did not fail to refer to the case law of the High Court in this matter, by recalling the following: