Mutual Agreement to Avoid Civil Trial

Verified 01 October 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Want to resolve a dispute amicably? You can attempt conciliation, mediation or participatory proceedings. In certain cases, in particular for proceedings whose dispute does not exceed €5,000However, such an attempt is even compulsory before bringing the matter before the judge. We present you with the information you need to know.

If either party wishes find an amicable solution, it may enter a conciliator of justice, one mediator or engage a participatory procedure.

The other part must agree to participate to this negotiation. If the other party does not agree to settle the dispute amicably, a trial may be initiated.

The amicable agreement may concern different areas :

  • Accident
  • Dispute with landlord/tenant
  • Dispute with a trader
  • Neighborhood disorder abnormal
  • Construction problems
  • Dispute between employee and employer
  • Family conflicts
  • Dispute between the syndicate of co-owners and the liquidator or between co-owners
  • etc.

For some disputes, there are special mediators such as:

Warning  

an amicable agreement may not be reached in matters concerning civil status (name, parentage...).

An attempt to reconciliation, of mediation or participatory procedure is obligatory front refer disputes whose applications to the courts do not exceed €5,000.

This attempt is also obligatory for the following disputes:

Warning  

The application for judicial review shall be declared inadmissible if this obligation is not fulfilled.

The parties are exempt from the obligation attempt at conciliation, mediation or participatory proceedings before any legal action is taken in the following cases:

  • One of the parties requests theapproval of an agreement, i.e. its validation by a judge
  • A legitimate motive prevents this (for example, the unavailability of the conciliator leading to the organization of the first meeting in more than 3 months)
  • The judge or the administrative authority must itself make an attempt at prior conciliation. For example, the obligation to refer the matter to the Caf: titleContent before any trial
  • If the creditor has engaged a simplified procedure for the recovery of small claims which did not produce any results
  • One preliminary appeal obligatory is already provided for in the procedure (for example, for a dispute with social security, the medical amicable appeal board must be seized of an ex gratia appeal)

FYI  

in cases of urgency, parties are exempted from an amicable agreement before a trial if they can prove that an agreement cannot be reached (e.g. leakage of water, lack of heating).

The involvement of a third party may facilitate the agreement. There are 3 choices.

Conciliator of justice

The conciliator of justice is a neutral third party, which guides the parties in their search for an amicable agreement.

He proposes a solution to the dispute.

He convene the parties to come to the place where it carries out its mission.

II has a power of investigation which allows him to go to the premises and hear from any person who is relevant to the conciliation, with the agreement of the conciliation.

In the event of conciliation, even partial, a acknowledgment of agreement shall be signed by the parties and the conciliator of justice.

A copy is given to each party and sent to the Registry of the competent judicial tribunal.

The parties may ask the judge of validate agreement finding by grabbing it by a request written.

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Mediator

The mediator is a neutral third party that assists the parties in to find an amicable solution themselves.

It is chosen by the parties.

The mediator does not dispose of powers of investigation.

It may hear any person who is relevant to the mediation, with the agreement of the parties.

The mediator may receive the parts together or separately.

They can have a lawyer if they wish.

If there is no amicable agreement, the parties may bring the matter before the judge. Views and statements collected by the Ombudsman may not be produced in the course of the proceedings unless the parties agree, or in any other forum.

There are different mediators.

The civil mediator allows to find a solution for civil disputes of daily life such as neighborhood conflicts, unpaid rent...

For some disputes, the mediators are more specialized such as:

Participatory procedure with lawyer

The participatory procedure is defined as the drafting of a convention, by which the parties and their lawyers undertake to find an amicable solution to their dispute.

This Agreement shall be concluded for a fixed term during which the parties may not bring the matter before the judge.

The Convention shall comprise commitments of the parties and the reciprocal guarantees. It makes it possible to lay down the terms of the negotiation (time limits, exchange of documents, subject matter of the dispute).

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In case of agreement, the judge shall certify the Convention and ensure its proper implementation. It may decide without hearing the parties.

Once approved, the Convention has enforceability and allows enforcement.

In case of disagreement, the judge may be seised by either party or by joint request to settle the dispute.

The parties are then exempt from conciliation or prior mediation.

Please note

the limitation period is suspended in the case of recourse to conciliation, mediation or a participatory agreement procedure. The period elapsed shall end and resume for a remaining period which may not be less than 6 months, when the negotiation is completed.

The request forapproval of the agreement may be presented to the judge by request of all the parties or one of them with the express agreement of the others.

L'approval of the agreement by the judge gives it enforceability.

This allows execution amicable orenforcement in the event of difficulties with one of the parties.

When they are signed by the lawyers of the parties, agreements resulting from mediation, conciliation or a participatory procedure may be executed without going before the judge.

The registry of the court shall include the enforcement order, i.e. a statement permitting the enforcement of the agreement.

The cost depends on the intervention of the third party:

  • Conciliation is free.
  • Mediation may be free (mediation of consumer disputes) or paying (family or civil mediation) by payment of fees.
  • The participatory procedure is paying (lawyers' fees).

In some cases and depending on your resources, you can to receive legal aid.

The amicable agreement shall be binding on the parties who signed it.

A trial may take place if one of the parties fails to comply with the signed agreement or if the dispute persists. The agreement should then be presented as proof of signed commitments.

The competent court depends on the sums involved in the dispute.

  • For a case less than or equal to €10,000, it is the local court or the judicial court.
  • For a case greater than €10,000No, it's the court.
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