Diapositive 1

From lexis to praxis: mental suffering, law and professional practices
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Disappointed hopes of economic successes or social recognition, disrupted plans and promises by relentless unforeseen circumstances,
rise complex feelings in those who invested all their human or material resources in the future. When unnamed, those feelings isolate
them and make them vulnerable.
Although intangible, these emotions, which nonetheless affect reality, can be deciphered rationally; philosopher Cristina Viano will pass them
through Aristotle's sieve in an introduction to the day in counterpoint form.
Denounced, commemorated, denied, subversive but, we hope, unifying, social suffering, whose causes, although they elude practitioners' area of
expertise, form the backdrop of their activity, holds no secret for sociologist Marc-Henry Soulet.
Sprinters, long-distance runners, ceaselessly competing with the people around them and with themselves, entrepreneurs are top level athletes,
participating in an endless match, whose specific links to their physical and mental health as revealed by economist and management professor
Olivier Torrès show that like patients, debtors, in their position as defendants in insolvency proceedings, are not invariable quantities.
Because he knows that "to misname things is to add to the world’s unhappiness" the legislator acts as a protector in his dialogue, shaping society,
and seeks appeasement. A professor of law and specialist in insolvency proceedings, Philippe Roussel Galle, will talk about still highly-charged
links, about dignity, protection of the manager's assets and the various interests involved.
Extending beyond a reassuring legal description, acute mental suffering sometimes emerges at the heart of a legal action and requires specific
acknowledgement of the defendant, according to Marc Binnié, Deputy Clerk of the Court.
Treatment of mental suffering seems to imply prior recognition of clear sociological categories. One of the British co-founders of a national
campaign (CAMIAD) to prevent this suffering among debtors, Nigel Crompton, will talk about his experience in this area.
Natalie Fricero, Professor of law and specialist in civil proceedings, will close this fully packed morning by putting into perspective the small
business within the APESA scheme, and will examine its integration into the right to a fair trial, amicable methods of settling disputes or even
"therapeutic justice".
After the practitioners have spoken, Linda Arcelin-Lecuyer will give an exploratory overview of the day.
Any profits made during the conference will be donated in full to the APESA 17 association.
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Apesa or therapeutic justice antidotes to mental suffering of entrepreneurs in the context of insolvency proceedings
8:15 Participants' reception
• Roland Tevels, Presiding Judge of the Commercial Court of Saintes
• Philippe-Henri Lafont, President of the Bar of Saintes
• Bernard LALANDE, senator of Charente Maritime
• Marc Binnié, Associate Clerk of the Commercial Court of Saintes, lecturer at the University of La Rochelle
• Jean-Luc DOULLARD Clinical psychologist, coordinator of the regional programme for health, promotion of mental health and
suicide prevention in Sud Charente-Maritime, Saintonge Hospital
8:50 Introduction of the conference
• Pierre JOXE, former President of the Cour des Comptes, former member of the supreme Court, lawyer at the Paris’ bar.
Animation : Marick FEVRE & Roland TEVELS
9:00 Back to the ancients: Aristotle and community emotions
• Christina Viano, research director at CNRS, Léon Robin Centre for Research on Ancient Thought, University of Paris IV Sorbonne
9:30 Economic changes and social suffering
• Marc-Henry Soulet, Professor of Sociology at the University of Fribourg, Vice-Chairman of the International Association of FrenchSpeaking Sociologists
10:00 The silent and shameful suffering of bosses
• Olivier Torres, Professor at the University of Montpellier, founder of the Amarok research laboratory
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Apesa or therapeutic justice antidotes to mental suffering of entrepreneurs in the context of insolvency proceedings
10:30 From sorrows to words. The development of legal protection for entrepreneurs and their assets in the context of insolvency
proceedings
• Philippe Roussel-Galle, Professor at University Paris V - Sorbonne Paris Cité. Member of CEDAG (Centre for Studies and Research into
Business Law and Management). Co-director of the Revue des procédures collectives (insolvency proceedings journal)
11:00 Break - Questions/Answers
11:15 Mental suffering, recognition and justice
• Marc Binnié, Associate Clerk of the Commercial Court of Saintes
11:30 Treatment of mental suffering related to debts as seen by the English
• Nigel Crompton, co-founder of the national CAMIAD campaign in Great Britain (Campaign for Awareness of Mental Illness Among
Debtors)
12:00 Overview of the morning : Taking into account a defendant's mental suffering by people working in the justice system and civil
proceedings – From the principles of a fair trial or out-of-court or alternative methods of settling disputes to therapeutic justice
• Natalie Fricero, Professor at the Faculty of Law of Nice Sophia Antipolis, Director of the Legal Studies Institute
12:45 Lunch
Welcome from Jean-Philippe Machon Mayor of Saintes and Chairman of the Association of Metropolitan Areas
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Apesa or therapeutic justice antidotes to mental suffering of entrepreneurs in the context of insolvency proceedings
14:00 1st round table: APESA
• Cyril Denvers, journalist, director of the "Petits Patrons" documentary: Realising mental suffering,
• Jean-Luc Douillard: a psychological interpretation of the insolvency law, clinical psychologist, coordinator of the regional programme
for health, promotion of mental health and suicide prevention in Sud Charente-Maritime, Saintonge Hospital
• Marc Binnié - Roland Tevels: The APESA scheme two years on
• Clémentine Scherer -Sophie Prehaut, clinical psychologists, managers at the centre for psychological support, Mutual Assistance
Resources: A psychological reading of the safeguard law. Structuring of professional communication integrating the mental suffering of
the client.
14:45 2nd round table: the lawyer and mental suffering
Animation Philippe Bertrand Vice-Président Cours d’Appel de Pau
• William Feugere, member of the National Advisory Council of the Bars, Chairman of the Association of Business Lawyers: lawyers
and the mental suffering of their clients
• Bruno Guise and Jean-Christian Gourgue, bailiffs : ethical recovery
• Stéphane Brossard, Presiding Judge of the Regional Court of Saintes: mental suffering of magistrates
• A Judge of commercial cases: Prevention of company difficulties and therapeutic justice
• Vincent Rousseau, receiver, Vice-Chairman of the IFPPC: Insolvency plan, transfer of the company... First steps on the road to
recovery ?
• Philippe Coindeau, Public Prosecutor at the Regional Court of Saintes: Taking account of the defendant's mental suffering in the
course of the trial. Point of view of the public prosecutor's department.
15h:45 Break - Questions/Answers
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Apesa or therapeutic justice antidotes to mental suffering of entrepreneurs in the context of insolvency proceedings
16:00 Third round table: accountants and mental suffering
Animation : Janin AUDAS
• Rémi Gourrin, Associate Chartered Accountant, Fimeco Baker Tilly: The chartered accountant and the manager's psychology
• Marc Dupouy, insurance agent, Regional Chairman of AGEA: The insurer, purveyor of high-risk protective but professional policies
• Bénédicte Pillot, manager of the recovery department of Crédit Agricole: Support for clients in difficulty and taking account of their
mental suffering by a banking network.
17:00 Fourth round table: the recovery
• Thomas Humeau, judicial representative in Saintes: From treatment of company difficulties to helping the entrepreneur's recovery.
The pragmatic contribution of a representative.
• Philippe Rambaud, Chairman of the "60,000 Rebounds" Association: Which programme should be set up for entrepreneurs after
personal bankruptcy? Learning from one's errors to reveal and unleash one's potential
17:30 Conclusions
• Linda Arcelin-Lecuyer, Lecturer with authorisation to direct research in private law, University of La Rochelle, member of CEJEP
(Centre for legal and political studies)
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Apesa or therapeutic justice antidotes to mental suffering of entrepreneurs in the context of insolvency proceedings
Linda Arcelin-Lecuyer
Lecturer at the University of La Rochelle, member of the CEJEP (Centre for legal and political studies)
Marc Binnié
Associate Clerk of the Commercial Court of Saintes, lecturer at the University of La Rochelle
Jean-Luc Douillard
Clinical psychologist, coordinator of the regional programme for health, promotion of mental health and suicide
prevention in Sud Charente-Maritime, Saintonge Hospital
Natalie Fricero
Professor at the University of Nice Sophia Antipolis, director of the Legal Studies Institute.
Philippe Roussel Galle
Professor at the University Paris V – Sorbonne Paris Cité, member of CEDAG (Centre for Studies and Research into
Business Law and Management), co-director of the Revue des procédures collectives (insolvency proceedings journal)
Olivier Torrès
Professor at the University of Montpellier, founder of the Amarok research institute.
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Apesa or therapeutic justice antidotes to mental suffering of entrepreneurs in the context of insolvency proceedings
Special thanks to
Bernard LALANDE, senator of Charente Maritime
Jean-Philippe Machon, Mayor of Saintes and Chairman of the Association of Metropolitan Areas
and
Mutuelle MBA
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Apesa or therapeutic justice antidotes to mental suffering of entrepreneurs in the context of insolvency proceedings
BY CAR / A10 motorway exit 35
- after the toll, turn right onto the N137 towards
Angoulême
- take the first exit and at the first roundabout turn left
onto Avenue de Saintonge
- second roundabout straight on
- third roundabout straight on – you cross the Charente
river
- fourth roundabout go left, towards the Abbey of SainteMarie-des-Dames
- fifth roundabout take the second exit
Free parking accessible from Rue Geoffroy Martel
GPS: Lat 45.743681 - Long -0.624375
BY TRAIN / From Saintes train station to the Abbey of the
Dames
- at the roundabout take Avenue de la Marne
- then turn right onto Avenue Gambetta
- continue straight on the avenue then turn left onto Rue
du Pérat
- at the end of Rue du Pérat, turn right onto Rue SaintPallais
- the entrance to the site of the abbey is a few metres
away on the left
BY BUS / Saintes bus route
0800 17 10 17 / www.buss-saintes.com
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Apesa or therapeutic justice antidotes to mental suffering of entrepreneurs in the context of insolvency proceedings