Conciliateur

Conciliateur is a term used for a person who helps disputing parties reach a voluntary settlement by facilitating dialogue and proposing mutually acceptable solutions. The aim is to resolve conflicts and avoid formal litigation. A conciliator remains neutral, ensures confidentiality, and does not impose decisions; the outcome is an agreement decided by the parties themselves.

In France and many Francophone jurisdictions, a common form is the conciliateur de justice. These are often volunteers appointed by a court to assist residents in civil, commercial, or family disputes at a local level. Their duties typically include listening to the parties, explaining options under the law, identifying shared interests, and drafting a written settlement, sometimes termed a procès-verbal de conciliation or an accord. The resulting agreement can be used to support or terminate a case in court, depending on national procedures. Beyond juridical roles, professional conciliators can operate in administrative, corporate, or community settings to resolve conflicts more informally.

The conciliation process usually involves one or more sessions where parties meet with the conciliator, who may meet with them separately and jointly. The conciliator’s task is to clarify issues, suggest practical solutions, and help draft a settlement document. If parties agree, the document is signed and may have formal legal effect; if not, they can pursue other dispute-resolution avenues or litigation.

Conciliation differs from mediation in that a conciliator may be part of a formal or quasi-legal framework and may, depending on jurisdiction, have the authority to formalize an accord, whereas a mediator primarily guides the parties in crafting their own solution without binding authority.