Justice conciliators: an effective remedy for disputes under €5,000

When it comes to civil justice, there are many disputes which, although serious, do not require a long and costly trial. Neighborhood disputes, unpaid rent, debts between individuals or contractual disagreements can all be resolved in other ways. For several years now, public authorities have been encouraging the use of alternative dispute resolution methods. Among these, conciliation by a court-appointed conciliator stands out for being free, simple and effective, particularly for cases involving less than €5,000.

The justice conciliator is a volunteer auxiliary of justice. He or she is appointed by the First President of the Court of Appeal for a renewable term of one to three years. Their mission is to help parties find common ground, without the need for immediate referral to a judge. He acts in civil and commercial disputes, but excludes criminal cases, tax matters and certain family matters.

The conciliator is neither a lawyer nor a judge. He or she does not render decisions, but facilitates dialogue between the parties in a completely neutral manner. The conciliator's benevolent, impartial stance can often ease tensions and lead to a mutually acceptable settlement.

Conciliation can be used in a wide variety of disputes, as long as they fall within the scope of civil law:

On the other hand, the justice conciliator is not competent to deal with disputes relating to civil status (divorce, child custody, etc.), employment law (except on a very limited basis), or criminal law.

As of October 1, 2023, prior attempt at amicable dispute resolution has become compulsory for civil disputes where the financial stakes are less than or equal to €5,000. This obligation also applies to neighborhood disputes and disputes relating to lease contracts. The aim of the law is to relieve congestion in the courts and encourage faster, more accessible and calmer justice.

In this context, calling in a conciliator becomes not only a practical solution, but often a legally necessary step before legal action can be taken. If no attempt at conciliation has been made, the judge may reject the claim.

Conciliation has many advantages for the parties:

Recourse to a justice conciliator is entirely free of charge. The parties do not need a lawyer, although they can be assisted if they wish.

Appointment times are generally short, and the procedure can result in an agreement in one or two sessions, avoiding the sometimes lengthy delays of the civil courts.

Conciliation enables the parties themselves to reach a tailor-made solution. This type of agreement is often better accepted and applied.

Discussions are confidential. This means that the causes of the dispute can be discussed freely, and a compromise can be reached without fear of the discussions being used in court at a later date.

If an agreement is reached, it is formalized in a conciliation report signed by both parties. This can then be approved by a judge, giving it enforceability equivalent to a court judgment.

The conciliateurs.fr website lets you quickly find the conciliator responsible for your area. Simply enter your zip code to obtain contact details.

Referrals can be made :

We recommend that you enclose :

Once your file has been received, the conciliator contacts the opposing party and invites them to a meeting. The presence of both parties is essential. The meeting generally takes place in a neutral office, in a calm atmosphere.

During the meeting, the conciliator listens to each party, asks questions and suggests possible solutions. If an agreement is reached, it is formalized immediately. If no agreement is reached, a certificate of non-conciliation is issued. This is essential if you wish to take your case to court.

The statement of agreement may be :

The attestation de non-conciliation (certificate of non-conciliation) then enables the matter to be referred to the appropriate civil court. The attestation proves that an amicable approach has been tried, a condition which is now compulsory for initiating certain procedures.

In the context of co-ownership, disputes between the syndic, co-owners, tradesmen or tenants can often benefit from an attempt at conciliation. For example:

Conciliation is therefore an invaluable tool for union council members wishing to avoid lengthy and costly proceedings.

Conciliation by a judicial conciliator is a modern, pragmatic and humane way of resolving many everyday disputes. At a time when judicial congestion and procedural costs are increasingly problematic, this free, rapid alternative helps to defuse disputes before they become legal.

Whether you're an individual, a professional, a member of a union council or a condominium manager, calling on a conciliator for a debt of less than €5,000 is not only appropriate, it's often compulsory. Anticipation, dialogue and compromise: that's the philosophy behind conciliation.