What happens if there is no agreement at a conciliation hearing?
The hearing is declared closed and the record states that no agreement was reached. Nobody is ordered to do anything, because whoever presides over the conciliation does not decide who is right. The person who requested it is free to sue, as the conciliation counts as the attempt to reach an agreement that the law generally requires before doing so. For it to count, the claim must be filed within one year of the conciliation. In addition, the time limit for claiming, which the application had interrupted, starts to run again in full, so it is best not to let time slip by.
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How it ends
If the parties do not reach an agreement, the person presiding over the conciliation, who is the court clerk (“letrado de la Administración de Justicia”) or the justice of the peace, still tries to bring them closer together. If that fails, he or she declares the hearing closed and the record states that it ended “sin avenencia”, the expression the law uses to mean without agreement. A decision closing the file is then issued. The same happens if the respondent, the person summoned, does not attend and does not explain why. In both cases the conciliation is deemed to have been attempted. This means the following:
- Nobody is obliged to pay or do anything. Whoever presides does not issue any decision on who is right.
- There is no costs order. The expenses of the hearing, which are usually small, are paid by the person who requested the conciliation.
- Either party can ask for an official copy of the record, which is called a “testimonio”.
What can be done afterwards
The person who requested the conciliation can file the claim. The conciliation without agreement counts as the attempt to reach an agreement that the law generally requires before suing, provided that the claim concerns the same matters that were raised in it. For it to remain valid, the claim must be filed within one year of the end of the conciliation. It is advisable to attach the official copy of the record to the claim.
Once the application has been admitted and the other party summoned, the limitation period, which is the time the law allows for bringing a claim, is interrupted. If there is no agreement, the law governing conciliation states that this period starts to run again in full from the decision closing the file. In Catalonia, where limitation is governed by the “Código Civil de Cataluña”, the Catalan Civil Code, it could be argued that it starts to run again from the moment the other party received the summons. The prudent course is not to let time slip by and to calculate the period from that date, which is the earliest.
If the case later goes to court, the judge may take into account how each party cooperated in the attempt to reach an agreement when deciding on the costs, which are the expenses of the proceedings. There is also nothing to stop the parties continuing to negotiate. They can reach an agreement at any time, even once proceedings are under way.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.