What happens at a conciliation hearing?

Question

José Manuel Alburquerque · Accepted Answer

It is a hearing before the court clerk (“letrado de la Administración de Justicia”) or the justice of the peace, at which the parties to a civil dispute try to reach an agreement to avoid a lawsuit. The person who requested it explains what they are claiming, the other party responds and whoever presides tries to bring them closer together, but does not decide who is right. If they reach an agreement, what has been agreed can be enforced through the court like a judgment. If not, it is recorded that the hearing ended without agreement. You do not need a lawyer or a court agent (“procurador”). How to request it It is requested by means of a written application to the court for the area where the person with whom an agreement is sought lives, whom the law calls the respondent (“requerido”). Courts have forms for this. The application sets out the following: The details of the applicant and of the respondent, with the address at which the respondent can be summoned. What is being sought, explained clearly and precisely, because that is what the attempt to reach an agreement will be about. If desired, the documents supporting the request, such as the contract or the invoices. It is handled by the court clerk, who runs the court office. This is the clerk of the civil section of the first-instance court (“tribunal de instancia”), as the former courts of first instance are now called, or of the commercial section if the matter is a commercial one. If the respondent lives in a municipality that is not the seat of a first-instance court and the amount at stake is small, it is handled by the justice of the peace. It is not allowed in matters involving a public authority, a minor or a person with support measures because of a disability, or on matters that cannot be the subject of an agreement. How the hearing proceeds If the application is admitted, the clerk or the justice of the peace summons both parties. At least five days must pass between the summons and the hearing. The law provides for the hearing to be held no more than ten days after the application is admitted. Each party can attend in person or be represented by a court agent. They can also bring their lawyer if they wish. The hearing follows this order: The person who requested the conciliation sets out the claim and the reasons for it. They can submit documents. The respondent replies with whatever they consider appropriate and can also submit documents. If they do not reach an agreement, the clerk or the justice of the peace tries to bring their positions closer together. He or she does not decide who is right or issue any decision on the merits. A record is drawn up of the outcome, with or without agreement. If possible, the hearing is video-recorded. What the agreement is worth If there is an agreement, the record and the decision recording it allow you to ask the court to enforce it, just like a judgment. For other purposes, what has been agreed has the same value as a contract set out in a public document. It can only be challenged on the grounds that invalidate a contract, such as deception. The claim to do so must be filed within fifteen days of the hearing. Since 2025, conciliation has also been one of the ways of making the attempt to reach an agreement that the law generally requires before suing. In addition, it can be held before a notary or, in matters concerning property, companies and other facts that are entered in a public register, before the registrar. These work in a similar way but have their own cost.