Judicial conciliation act: Is the presence of a lawyer mandatory?

 

Receiving a summons for a conciliation act is a common scenario in civil and commercial matters. This procedure, regulated as a voluntary way to resolve conflicts, aims for the parties to reach an agreement, thus avoiding the start of a longer and more expensive contentious judicial procedure.

One of the most common questions from our clients is whether legal assistance is required. Legally, a lawyer or solicitor is not necessary for the conciliation act. The parties can appear on their own or through a representative with sufficient power of attorney. However, from a strategic legal perspective, appearing without advice can pose a risk, as what is agreed upon in this act has a legal validity equivalent to a court judgment.

The development of the act and its effects During the appearance before the Court Clerk or the Justice of the Peace, a presentation of the claim is made, and the respondent is allowed to respond. It is the moment to submit documentary evidence and make rebuttals.

• If there is an agreement (Agreement): A detailed record is drawn up, and the agreement is directly enforceable. That is, if one party fails to comply, the judge can be asked to enforce it immediately.

• If there is no agreement: The process ends as "attempted without effect," leaving the ordinary judicial route open.

Consequences of non-appearance It is essential not to ignore the summons. If the applicant does not appear, they are considered to have withdrawn, and the file is archived. If it is the respondent who does not appear without just cause, the act is considered attempted, which can have negative implications for a future cost order in the subsequent trial.

Deadlines and nullity The court usually accepts the request and summons the parties within the following 5 business days after its submission. It is worth noting that, even if an agreement is signed, there is an action for nullity due to the reasons that invalidate contracts, which must be exercised within a maximum period of 15 days from the act's celebration.

Although the law allows attending a conciliation act without a lawyer, the reality is that what is signed in that room will shape the future of your claim or defense. Poorly drafted or pressure-accepted agreements can be as binding as a court judgment.