Article 128 of the French Code of civil procedure
November 8, 2023
The parties may conciliate, of their own accord or on the judge’s initiative, throughout the proceedings.
The parties may conciliate, of their own accord or on the judge’s initiative, throughout the proceedings.
The conciliation shall be attempted, unless specifically provided otherwise, at the place and time that the judge considers favourable and in accordance with the terms that he or she shall determine. The judge who must make a preliminary attempt at conciliation may order the parties to meet with a court conciliator who will inform them of the purpose and progress of the conciliation, under the conditions set out in Article…
The parties can always ask the judge to record their conciliation.
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.
The content of the agreement, even if partial, is recorded in minutes signed by the parties and the judge or in a report signed by the parties and the mediator, as appropriate.
Extracts of the minutes drawn up by the judge may be issued. At any time, the parties or the earliest of them may submit the statement of agreement drawn up by the judicial conciliator to the judge for approval. The judge rules on the application submitted to him without debate, unless he deems it necessary to hear the parties at the hearing. Approval is a matter of non-contentious proceedings.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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