Civilian Ombudsman

Verified 02 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Are you in conflict with a neighbor, landlord or tenant? You can use a civilian mediator. The civil mediator has two main tasks: to help the parties to a dispute to re-establish communication between them and to accompany them in the search for a solution. The law makes mediation mandatory in certain disputes. The judge may also decide to impose mediation on the parties in cases where he or she considers it necessary.

Since 1er october 2023, it is compulsory to use an amicable method of resolution before bringing an action before the court of justice of a dispute concerning the payment of an amount not exceeding €5,000.

The Ombudsman intervenes in various civil disputes in everyday life. Examples:

  • Neighborhood Conflict
  • Dispute between landlord and tenant
  • Unpaid
  • Consumer disputes

It must help the parties find an amicable solution themselves. His intervention thus makes it possible to avoid trial.

Unlike the conciliator of justice, the Ombudsman does not have investigative powers. However, for the purposes of mediation, it may hear consenting third parties with the agreement of the parties.

Civil mediation is different from criminal mediation.

Warning  

mediation is not offered to conflicting spouses when there are allegations of spousal violence or moral and psychological influence.

Mediators in family, civil, social and commercial matters registered on the lists of appeal courts appear on the appeal court sites:

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Mediation mandatory or optional

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General case

There is no obligation to use mediation before taking legal action.

Dispute concerning parental authority

The situation varies according to the place of the court competent for the dispute.

General case

There is no obligation to resort to mediation before requesting an amendment to the approved decisions and conventions laying down the procedures for the exercise of parental authority.

Bayonne, Bordeaux, Cherbourg-en-Cotentin, Évry, Nantes, Nîmes, Montpellier, Pontoise, Rennes, Saint-Denis and Tours.

On an experimental basis, an attempt at mediation is compulsory before any request for amendment of the approved decisions and conventions laying down the procedures for the exercise of parental authority is made.

However, this obligation does not apply if violence has been committed against a parent or the child.

At the request of the judge

The civil mediator intervenes at the request of a judge hearing a dispute for which mediation seems possible and desirable.

At any stage of the proceedings, the court may impose on the parties, including in interlocutory proceedings, to meet with a mediator whom he appoints.

The dispute may fall within the jurisdiction of the court of law or the local court.

Mediation does not relieve the judge in charge of the case. The latter may intervene at any stage of the procedure, including by way of interim measures (for example, to stop work).

Duration of mediation

General case

The judge shall fix the duration of the mediation and indicate the date on which the case will be recalled to the hearing.

The initial duration of mediation may not exceed 3 months. This mission may be renewed once, for the same duration, at the request of the Ombudsman.

The judge may terminate the mediation at any time at the request of a party or the mediator. It may also terminate the mediation automatically when the proper conduct of the mediation seems to be compromised (for example, if the parties cannot reach an agreement).

Final decision on parental authority

The judge is free to lay down the procedures for carrying out the mediation.

The situation varies depending on whether the agreement is signed by counsel for all parties or not.

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Agreement signed by counsel for all parties

One of the parties may apply to the Registry of the court having jurisdiction in the dispute for the enforcement order on the mediation agreement signed by counsel for all parties.

If the registry puts the enforceable formula on the agreement, that gives it enforceability.

The agreement can then be enforced as a judgment by a commissioner of justice (previously a bailiff).

Agreement not signed by counsel for all parties

The mediator shall inform the judge of the success of his task.

The case is back before the judge. The latter then decides tocertify or not the agreement:

  • If approved, the case is closed and the agreement becomes binding. That is, it must be applied by the parties as any judgment. For example, one party must pay compensation to the other.
  • If the judge does not approve the agreement (for example, if it is against the law), the case is normally heard in a trial.

The mediator shall inform the judge of the failure of his mission.

The case comes back to the judge and it's dealt with as a classic case.

The use of a mediator is not free.

The remuneration of the mediator shall be fixed at the end of his or her mission, in agreement with the parties.

However, the judge often provides for a provision to be set off against the mediator's remuneration.

In this case, the judge must fix the amount of the provision and designate the party or parties that must pay the provision, and indicate when the payment must be made.

The provision will be deducted from the total amount of the mediation.

Determination of the cost of mediation

The mediator must provide the parties, from the outset of the mediation, with all the information that can enable them to have an approximate idea of the total cost of his services.

If at the end of the mission the parties fail to reach an agreement with the mediator on his remuneration, the judge shall fix the mediator's remuneration.

Where the judge envisages setting a lower amount than that requested by the Ombudsman, he must invite him to comment before taking his decision.

Allocation of the cost of mediation between the parties

The parties must agree among themselves to share the cost of mediation.

If the parties are unable to agree on an allocation, the costs shall be shared equally among them.

But if the judge considers that such a distribution is not equitable, he can himself fix the distribution between the parties, according to the economic situation of each of them.

The civil mediator may be:

  • a natural person
  • or a legal person (e.g. association) represented by a natural person.

This person must meet the following conditions:

  • Not to have been the subject of a conviction, incapacity or revocation entered in the criminal record sheet no. 2
  • Not to have committed acts contrary to honor, probity and good morals
  • Have the requisite qualifications in relation to the field in which he is to be involved
  • Justify acquired mediation skills
  • Proof of its independence from the parties (no financial, family ties...).

FYI  

the ombudsman is bound by a duty of confidentiality.

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