Subsection 3: Procedure

The request for conciliation is sent to the chairman of the conciliators’ conference by registered letter, fax or e-mail, return receipt requested. It must be made within fifteen days of notification or publication of the contested decision. The request must state the name and address of the person making the request. The request for conciliation shall contain a statement of the facts, pleas and conclusions. When it is directed against…

The Chairman of the Conciliation Conference carries out a preliminary examination of the request for conciliation. The Chairman immediately notifies the parties, in a reasoned decision, that the request has been rejected if it : 1° Does not fall within the remit of the conciliators’ conference as defined in Article L. 141-4 ; 2° Is manifestly inadmissible under the provisions of article R. 141-15, and cannot be covered at a…

If the claim is inadmissible, the Chairman of the Mediation Conference will invite the claimant to rectify the situation. If the claim is not rectified within the allotted time, the Chairman of the Mediation Conference will notify the claimant that the claim has been rejected.

If the request is admissible, the Chairman of the Conciliators’ Conference appoints one or more conciliators to examine the case.

If the request for conciliation is submitted after the expiry of the time limit set out in Article R. 141-15, the Chairman of the Mediation Conference may invite the other party to take part in an optional conciliation procedure. The parties must then inform the president of the conciliators’ conference in writing of their decision whether or not to submit to the optional conciliation procedure. The provisions of this article…

The names of the conciliators are notified to each party. Each party may challenge the conciliators so appointed within three days of receipt of the notification referred to in the first paragraph on one of the following grounds, which must be substantiated by the applicant: 1° Relation or alliance of the conciliators with one of the parties ; 2° Community or opposition of interest between the conciliators and one of…

Once appointed, the conciliators set the date for the conciliation hearing and notify the interested parties. The conciliation procedure is adversarial. The conciliators decide on any useful investigative measures, and in particular on the organisation of an on-site visit. The notifications referred to in this paragraph are sent by registered letter with acknowledgement of receipt, except in cases of urgency, as assessed by the Chairman of the Conciliators’ Conference or…