Conciliator of justice

Verified 21 February 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The justice conciliator is a volunteer law clerk. Its role is to find an amicable solution to a dispute between one or more parties, whether or not they have already brought a case before a judge. It may be designated by the parties or by the judge. Recourse to the conciliator of justice shall be free of charge. The agreement he is proposing may be approved through the courts.

Role

The task of the conciliator of justice shall be to enable the out-of-court settlement of disputes which are submitted to it.

It is responsible for establishing a dialog between the parties so that they can find the best solution to their dispute, whether they are individuals or businesses.

Skills

Tableau - Powers of the conciliator of justice

Situations for which it is competent

Situations for which it is not competent

  • Neighborhood problems (boundary, right of way, side wall)
  • Disputes between landlords and tenants or between tenants
  • Disputes relating to a contract of employment
  • Consumer disputes
  • Disputes between traders
  • Disputes in rural law
  • Disputes in labor matters

In the event of a dispute, you may refer the matter to the Court Conciliator before taking legal action.

But you can also grasp it after judicial proceedings have been initiated.

Finally, the judge may himself decide to refer the matter to the conciliator of justice for a negotiated solution.

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The parties may refer the matter to the conciliator of justice

In a dispute before the court
Request for conciliation

You can ask the court to appoint a justice conciliator to help you resolve a conflict amicably. Applications may be made on the spot at the Registry of the Court or by post. A form must be completed:

Request for conciliation

Who shall I contact
Summons or application for judgment

The use of a prior conciliation procedure is required in order for certain claims to be admissible in court. This is the case if you apply to the court for payment of an amount less than or equal to €5,000 or a neighborhood conflict. In this case, you must prove that you have previously tried to resolve the dispute amicably, for example through conciliation.

The request for prior conciliation shall not be required in the following cases:

  • One of the parties seeks type-approval of an agreement
  • You justify that you have used another method of amicable resolution of the dispute (attempted mediation, attempted participatory procedure)
  • A prior appeal must be made to the author of the decision you are challenging before the court
  • The judge or administrative authority must, in application of a particular provision, make a prior attempt at conciliation
  • One party may have a legitimate reason (e.g. refusal of the other party to participate in conciliation)

You can request conciliation on the spot at the court registry or by submitting the following form.

Request for conciliation

Who shall I contact
Outside of any legal proceedings

You can write, call or go to a conciliator's office.

Who shall I contact

The judge may refer the matter to the conciliator of justice

When the court has been seised for a civil dispute (between owner and tenant, between buyer and non-professional seller...), the judge can appoint a conciliator of justice.

The formation of the commercial court may also, with the agreement of the parties, appoint a conciliator of justice. He shall notify the parties thereof by simple letter or by e-mail.

The judge of the Joint Rural Lease Court may also delegate his task of conciliation when he is seized of a dispute.

Conciliation meeting

The conciliator of justice shall bring together the parties to the conciliation. The parties may be accompanied by a person of their choice (lawyer, spouse, common-law partner, etc.).

The conciliator of justice may travel to the site of the protest and interview any person he considers useful, with the agreement of the parties.

The justice conciliator informs the judge if he has any difficulties.

FYI  

the conciliator of justice may disclose the content of the statements to the judge only with the agreement of the parties.

Duration of the conciliation 

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Conciliation ordered by judge

If the judge has decided to seek conciliation, the initial period of conciliation shall be no more than 3 months.

It may be renewed once, for the same period, at the request of the conciliator of justice: for example, in the case of an initial period of two months, the conciliation may be renewed for two months.

The judge may terminate the conciliation at any time on his own initiative, that of the conciliator of justice or at the request of one of the parties.

Conciliation at the request of the parties

If conciliation has been undertaken at the request of the parties, no time limit shall be imposed on the conciliator of justice to carry out his task. Nevertheless, he has a duty of care which requires him to implement the procedure within a reasonable time.

Agreement found

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Conciliation ordered by judge

If conciliation has been decided by the judge, the conciliator must inform the judge in writing of the outcome.

Conciliation at the request of the parties

If conciliation has been entered into at the request of the parties, the conciliator of justice may draw up a statement of agreement signed by the parties in which they undertake to each other. The making of a finding is mandatory only if the conciliation results in the waiver of a right.

A copy of the finding shall be given to each party. The conciliator shall deposit a copy at the Registry of the Court.

The conciliation agreement has enforceability when it is signed by the lawyers of all the parties and bearing the enforcement order of the registry of the competent court.

Otherwise, one of the parties may submit the finding of agreement to the approval of the court in order that it may confer on it enforceability, unless the other party objects.

Reconciliation failed

Conciliation may fail if one of the two persons is not present or if the parties have not been able to reach an amicable settlement. In the event of failure, the parties can always have the dispute resolved in a court of law.

Conditions

To become a justice conciliator, the following conditions must be met:

  • Being of age
  • Enjoying civil and political rights
  • Not to be elected in the jurisdiction in which he/she carries out his/her duties
  • Not to engage in judicial activity or to participate in the operation of the public service of justice
  • Have legal training or experience
  • Have skills that particularly qualify you to perform the function of conciliator of justice

In principle, the functions of a judicial conciliator are incompatible with those of a mediator, lawyer, legal adviser or judge. This prohibition shall be lifted where the trader performs voluntary functions as consumer ombudsman and is entered on the list of consumer mediators drawn up by the commission for the evaluation and monitoring of consumer mediation.

Recruitment

If you want to become a justice conciliator, you must send a letter of motivation to the coordinating magistrate for the protection and conciliation of justice of the court where you wish to exercise this function.

Your application must be accompanied by the following documents:

  • CV
  • Attestation on honor
  • Proof of training or legal experience showing specific qualifications to perform these duties

You can send the letter and documents electronically to the recruitment office responsible for the chosen jurisdiction.

After checking for inconsistencies and interviewing the candidate, the first president of the Court of Appeal may recruit him as a judicial conciliator for a first year of office.

At the end of this 1re year, the first president of the court of appeal may appoint him for a renewable period of 3 years.

Training

New Justice Conciliators must take a day of initial training and a day of continuing training during their firstre fiscal year and during the following 3-year term.

A justice conciliator who does not undergo such training may be refused an extension of his or her term of office.

Performance of the function

The conciliator of justice is sworn in. It has an obligation of restraint and secrecy vis-à-vis third parties.

He may, with the agreement of the parties concerned, go to the premises and hear witnesses.

The justice conciliator is a volunteer. However, a lump sum allowance is paid to cover the costs of secretarial, telephone, documentation and use of new technologies. This allowance shall be paid quarterly, within an annual limit of €650.

These costs may be reimbursed beyond the fixed amount up to a second maximum of €928 subject to presentation of supporting documents.

The Justice Conciliator shall submit an annual activity report to the coordinating magistrate for the protection and reconciliation of justice. The latter then transmits the report to the first president and the attorney general of the court of appeal.

Who can help me?

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  • Telephone administrative information - Allo Public Service

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