Chapter IV: The amicable settlement hearing

The judge hearing a dispute involving rights that are freely available to the parties may, at the request of one of the parties or ex officio after obtaining their opinion, decide that they will be summoned to an amicable settlement hearing held by a judge who does not sit on the bench in the cases provided for by law. This decision is a measure of judicial administration. It does not…

The purpose of the amicable settlement hearing is the amicable resolution of the dispute between the parties, through a balanced confrontation of their points of view, an assessment of their respective needs, positions and interests, and an understanding of the legal principles applicable to the dispute. The judge in charge of the amicable settlement hearing may take cognisance of the submissions and exhibits exchanged by the parties. He may make…

The parties are summoned to the amicable settlement hearing, at the registry’s behest, by any means. The summons specifies that the parties must appear in person. Where they are not exempt from compulsory representation, the parties appear assisted by their lawyer. In other cases, they may be assisted under the conditions set out in article 762. The hearing is held in chambers, without the presence of the registry, in accordance…

At the end of the hearing, the parties may ask the judge in charge of the amicable settlement hearing, assisted by the Registrar, to record their agreement, in whole or in part, under the conditions of Article 130 and the first paragraph of Article 131. The judge shall inform the judge hearing the dispute that the amicable settlement hearing has been terminated and shall send him, where appropriate, the minutes…