In order to avoid clogging up the courts and limit the costs incurred by those involved in a dispute, a decree has been issued requiring certain types of dispute to be settled out of court. The form of the amicable approach is left to the choice of the parties. It may be :
- an attempt at conciliation led by a court-appointed conciliator,
- an attempt at mediation,
- a participative procedure.
- claims for payment of less than €5,000,
- claims relating to abnormal neighborhood disturbances,
- claims relating to demarcation, cleaning of ditches and canals, planting distances or tree pruning.
- when at least one of the parties applies for homologation of a previously concluded agreement,
- when an amicable settlement stage is required before taking action against the party responsible for the decision,
- in cases of manifest urgency or special circumstances making an attempt at amicable settlement impossible,
- if, in application of a specific provision, the judge is required to make a prior attempt at conciliation,
- if the creditor has already tried, unsuccessfully, to collect a small claim using the simplified collection procedure in accordance with article L125-1 of the Code des procédures civiles d'exécution.