How the private conciliation procedure works

Participation of the parties: In a conciliation process, each party may attend accompanied by their lawyer.

Appointing the professional: The party proposing to initiate the conciliation appoints the professional responsible for conducting it. This professional will draw up an engagement letter setting out the details of the procedure: the type of meetings (individual and/or joint), the format (in person or online) and other relevant aspects. Before the process begins, the professional will contact the other party and invite them to participate.

Invitation to conciliation: When a party receives the invitation, they must indicate whether or not they agree to participate in the process.

• If they do not agree, the matter may be taken directly to court.
• If they agree, the procedure will formally begin at the first meeting.

First meeting: The initial meeting marks the start of the process and affects the calculation of time limits. The conciliator will explain all the details to the parties and draw up minutes recording the identity of the conciliator, the parties involved, a description of the dispute, the date and the parties’ statement of good faith.

Meeting minutes: After each meeting, minutes will be drawn up, signed by all parties and accompanied by a certificate.

• If no agreement is reached, the minutes will record that an attempt was made without success.
• If a specific proposal is made and accepted by the parties, it will be recorded in the minutes and will be binding as the resolution of the dispute.

The agreement may be formalised as a public deed before a notary, in which case the same matter may no longer be brought before the courts. If the agreement is not complied with, it may be enforced in the same way as a court judgment.