Section II: Conciliation delegated to a court-appointed conciliator

When the judge, by virtue of a special provision, delegates his conciliation mission, he appoints a judicial conciliator for this purpose, sets the duration of his mission and indicates the date on which the case will be recalled. The initial duration of the assignment may not exceed three months. This mission may be renewed once, for the same duration, at the request of the conciliator.

In order to proceed with the conciliation attempt, the judicial conciliator summons the parties, as necessary, to a place, day and time that he/she determines. The parties may be assisted before the judicial conciliator by a person who is entitled to do so before the court that delegated the conciliation.

The court conciliator may, with the agreement of the parties, visit the premises and hear any person whose testimony he or she considers useful, subject to that person’s acceptance. The conciliator’s findings and the statements he or she takes may not be produced or invoked in further proceedings without the agreement of the parties or, in any event, in any other proceedings.

The judge may terminate the conciliation at any time, at the request of a party or on the conciliator’s initiative. He may also terminate the conciliation automatically if it appears that the conciliation is being compromised. The court clerk notifies the conciliator and the parties.

Decisions taken by the judge in the context of delegated conciliation are measures of judicial administration.