Do I have to attend a civil conciliation hearing?

Question

José Manuel Alburquerque · Accepted Answer

The law does not oblige you to go or to accept anything. But if you do not go and do not justify your absence, the conciliation is treated as attempted and the person who requested it is free to sue you. In addition, if the case later goes to court, having refused without good reason to try to reach an agreement can count against you when it is decided who pays the costs, even if you win. That is why it will normally be in your interest to go, even if only to hear the proposal and explain your position. If there is a reason you cannot attend, tell the court as soon as possible and ask for another date to be set. What happens if you do not go If you, the respondent, do not attend and do not give a reason that justifies your absence, the hearing is declared closed and the conciliation is deemed to have been attempted for all purposes. This has the following consequences: The person who requested it can sue you, because they have already made the attempt to reach an agreement that the law generally requires before suing. If you later win the case, you may not be able to recover your costs, which are the expenses of the proceedings, from the other party, because the law does not award costs in favour of anyone who refused without good cause to attempt an agreement. If you are sued and you accept what is claimed before filing your defence, which is known as accepting the claim (“allanarse”), you may still have to pay the costs, because the law regards your earlier rejection of the attempt to reach an agreement as bad faith. Not going does not buy you time. The application for conciliation has already interrupted the time limit the other party has for bringing a claim. If the summons comes from a notary or a registrar, who can also handle conciliations, not going has similar consequences. If you cannot go If you have a valid reason, such as an illness or a commitment you cannot postpone, tell the court as soon as possible and provide proof of it. If the court accepts it, it will set another date for the hearing. You do not have to go in person. You can be represented by a court agent (“procurador”). If the party summoned is a company, whoever represents it attends. How to prepare for it Going does not commit you to anything. You can listen to the proposal, explain your position or make a counter-offer. You do not have to sign any agreement you are not happy with. Before going, it is advisable to prepare the following: The documents that support your version, such as the contract, the receipts or the emails exchanged. How far you are prepared to give way, if you are interested in reaching an agreement. If you reach an agreement, bear in mind that it can be enforced through the court like a judgment and that it can only be challenged on the grounds that invalidate a contract, within fifteen days. You do not need a lawyer, but if the matter is important it is advisable to consult one beforehand.