Mutual agreement to avoid civil trial

Obligation to attempt an amicable settlement before a trial

An attempt to conciliation, mediation or participatory procedure, at the option of the parties, mandatory before any legal action.

This is for litigation not exceeding €5 000 or claims for the following disputes:

• Boundary
• Some easements (right of way, water main, sewer ...)
• Distances of plantations (trees and hedges)
• Respect of distances for certain constructions (for example for a well built close to a wall)
• Curage of ditches and canals used for irrigation of properties
• Abnormal Neighbourhood Disorder

Waiver of attempted settlement before trial

The parties shall be exempted from the obligation to attempt conciliation, mediation or participatory procedure before any application for a court hearing in the following cases:

• One of the parties requests the approval of an agreement, i.e. its validation
• Prior appeal is mandatory
• A legitimate reason prevents this (e.g., the absence of the competent conciliator within a reasonable time)
• The judge or the administrative authority must make an attempt at prior conciliation. This is the case, for example, if it is mandatory to refer the matter to the Departmental Conciliation Commission or the Board of Amicable Appeal before referring the matter to the judge.

Negotiation

An amicable agreement is for the parties to agree on an arrangement. It avoids a lawsuit.

The parties may agree on compensation, that is, an amount of money, work to be done, property to be delivered...

The amicable agreement will have to be the subject of a written commitment, that is the purpose of the transaction. This document has legal value and can serve as a proof in a future trial.

A third party can facilitate the agreement. There are 3 choices.

Judicial conciliator

The judicial conciliator may invite the parties to come to the place where it carries out its mission. He may also go to the premises and hear any person useful to the conciliation, with the agreement of the conciliation.

In the event of conciliation, even if partial, a statement 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 court.

The parties may ask the judge to validate the finding of agreement by seizing it by query written.

Ombudsman

This can be a specialised mediator: civil mediator, family mediator, consumer ombudsman ,...

The Ombudsman has no powers of enquiry.

The mediator may receive the parties together or separately.

If there is no amicable agreement, he offers them a solution to settle the dispute, by simple mail or by mail.

It shall set a time limit for accepting or rejecting its proposal.

Lawyer (Participatory Procedural Agreement)

The negotiation between lawyers shall take place only after the signing of an initial agreement between the parties, participatory procedure convention.

The agreement includes various reciprocal commitments and guarantees. It allows to set the conditions of the negotiation (deadlines, exchange of documents, subject of the dispute). The parties shall set a time limit in the agreement during which they may not refer the matter to the judge. This period may be reduced or deleted in the event of an emergency.

Agreement Validation

Certain arrangements must be validated by the judge before they can be executed. The parties may enter it by query to have this agreement approved.

When signed by lawyers of the parties, agreements resulting from mediation, conciliation or participatory procedure may be executed without going before the judge. The court office must place the binding formula, i.e. a statement enabling the agreement to be enforced.