Their assistance is free of charge, confidential and impartial. It often helps the parties reach a negotiated solution quickly, while avoiding the cost, delay and uncertainty of court proceedings.
Types of disputes handled
The conciliator may intervene, in particular, to:
- neighborhood disputes (noise, hedges, fences, easements, party walls...) ;
- disputes between individuals ;
- disputes between a consumer and a professional; ;
- difficulties with a tradesperson or a service provider; ;
- minor contractual disputes ;
- certain conflicts between landlords and tenants (excluding eviction proceedings); ;
- the problems of debt collection ;
- certain condominium disputes.
Situations outside their remit
The conciliator does not intervene in particular to:
- criminal cases ;
- divorces, separations, child support, and parental authority; ;
- disputes relating to personal status (paternity, nationality, etc.); ;
- conflicts with the administration falling under the jurisdiction of the administrative judge; ;
- disputes requiring an urgent judicial decision; ;
- matters in which the parties are not free to settle.
How they can help
The conciliator mainly receives:
- during office hours at the town hall, at a house of justice and law, at a justice point, or in certain courts; ;
- By appointment.
Depending on the situation, exchanges can also take place:
- by phone ;
- by mail ;
- by email ;
- exceptionally via video conference when local organization permits.
Eligibility requirements
Conciliation involves in particular:
- the existence of a genuine dispute; ;
- the willingness of the parties to seek an amicable solution; ;
- the availability of the parties to participate in the discussions.
For certain civil disputes, a prior attempt at amicable resolution is mandatory before referring the matter to the court.
How to find a conciliator
You can find the competent conciliator:
- on the Ministry of Justice website; ;
- at your town hall ;
- at your local Justice Point; ;
- at the judicial court with jurisdiction over your place of residence.
How to make a referral
- Identify the territorially competent conciliator.
- Make an appointment.
- State the dispute.
- Provide the relevant documents.
- The conciliator verifies that the case falls within their jurisdiction.
- If the application is admissible, he contacts the other party.
- One or more meetings are organized to seek an agreement.
Useful documents
Prepare in particular:
- identity document ;
- complete contact information of the parties; ;
- contracts or quotes ;
- Invoices ;
- exchange of letters or emails; ;
- photographs ;
- potential minutes ;
- any supporting document to establish the facts; ;
- precise calculation of the claimed amounts.
How the process works
The conciliator:
- listen to each part; ;
- analyze the documents ;
- recall the applicable rules without making a decision; ;
- Encourage dialogue. ;
- propose potential settlement options if applicable; ;
- helps the parties build an agreement themselves.
In the event of an agreement, a conciliation report is drawn up. The parties may request its approval by the judge in order to make it enforceable.
Typical timeframes
Deadlines vary by sector.
As a guide:
- first date: often between 2 and 8 weeks; ;
- duration of the procedure: from a few weeks to several months depending on the complexity of the case and the availability of the parties.
Possible outcomes
Mediation can be successful:
- to a total agreement; ;
- to a partial agreement; ;
- a refusal by one of the parties to participate; ;
- to an admission of failure.
In the event of failure
If no agreement is reached, the parties remain free to:
- to file a lawsuit with the appropriate court; ;
- to use a mediator whenever possible; ;
- to seek a new amicable settlement with the assistance of an attorney or another professional.
Discussions that take place during conciliation remain confidential in principle.
Advantages and limitations
| Benefits | Disadvantages |
|---|---|
| Free | Timeframes vary by sector |
| Simple procedure | The presence of both parties is often required |
| Faster than a court proceeding | It's impossible to impose a solution |
| Preserve relationships | Certain subjects are excluded |
| Promotes a lasting agreement | Possible refusal by the other party |
| Possibility of judicial approval | Not suitable for emergency situations |
Key Texts
- Code of Civil Procedure: Articles 127 through 131, 1530 through 1541, and 750-1.
- Decree No. 78-381 of March 20, 1978, concerning judicial mediators.
- Act No. 95-125 of February 8, 1995 on the organization of jurisdictions and civil procedure.
- Law No. 2016-1547 of November 18, 2016, on the Modernization of the Justice System for the 21st Century.