Justice conciliators: an amicable solution for 60% of cases handled in Bagnols-sur-Cèze

Serge André, Gérard Laussac and Saad Mellah (who also practices in Avignon), volunteers and sworn in by the courts. They unravel situations and help unclog the courts. C. C. – Midi Libre

There are three of them, volunteers and sworn, working at the House of Justice and Law in Bagnols-sur-Cèze, which depends on the Nîmes Court of Appeal.

 "Today, I received six files." Serge André, Gérard Laussac and Saad Mellah are three of the 90 justice conciliators in Gard. All three practice at the Bagnols House of Justice and Law, under the aegis of the Nîmes Court of Appeal. They are volunteer and sworn judicial officers, subject to professional secrecy. "We depend on a referring judge."< br /> If the rights defender manages issues between citizens and administrations, conciliators deal with conflicts between two people, between a client and a company, or with a craftsman… Since October 2023, when the stake in the dispute is less than €5,000, going through these conciliators is mandatory. For damages greater than this sum, "they can also seize us or can seize the court directly", explain together the three volunteers experienced in the law. "A justice conciliator is neutral. We listen to both parts, explains Serge André. We make sure they find a solution." "We are supposed to put people face to face, they talk, we try to guide them so that the file does not need to be sent to the desk of a judge, in the framework of civil procedures. Our mission is to avoid congesting the courts which already are", adds Gérard Laussac.

"From stupid and nasty neighbor conflict to the abuse of weakness"

In their office, they are faced with all kinds of situations:  "From stupid and nasty conflicts between neighbors, to an abuse of weakness by a company which defrauds an elderly person, the range is wide!". The volunteers are faced with the difficulties of their fellow citizens. "There are often tears in this office […]. They are afraid of justice. We direct them […].People are so lost." 
Serge André takes care of the social landlords part,   "60 cases per year". The retiree is involved in approximately 220 cases per year. 120 for Gérard. Scams evolve at the same pace as societal concerns. At the moment, solar panel scams are “on the rise”. Another situation that keeps them busy: buying used cars. "Many are paid in cash." And everything relating to commercial affairs, labor law, rural law, problems with banks, insurance, credit card scams. &amp ;quot;They seize us because the banks do not want to reimburse them", citing organizations that never respond to them. Their mission can become a headache : "It’s about finding the right interlocutor…" "We have privileged and dedicated contact with Orange", underlines Gérard.  "At the national level, we would like a "conciliator" contact at all the large telephone operators, banks, insurers, gas and electricity companies…& quot;
When conciliation leads to a favorable outcome, "people sign an agreement". Five years ago, 72.73% of cases resulted in an amicable solution. Today, 60%. "We have results! We unravel issues. We manage to get people to communicate", testifies Saad Mellah who also works in Avignon.  "It’is rewarding when we find solutions." They provide support and listening to people in delicate situations. A free service for users.

House of Justice and Law, rue Marc-Sangnier, Bagnols. Tel. 04 66 39 65 15. 

A dozen conciliators are missing in Gard, what are the conditions for exercising ?

The justice conciliators are appointed for the first time for one year, then for three years, renewable. A charge "wearing", according to the admission of these men so invested. "All skills are welcome, some were lawyers , surveyor…" Serge André was a trainer in social law, "I’have always been in the social sector". Gérard Laussac, retired from the civil service, worked in taxes, was head of department , "has, in this context,  handled a lot of contentious files". The Bagnolais has always volunteered in associations.  "I’have always liked contact."&nbsp ;The conciliators follow training from the National School of Magistrates. All Gard conciliators meet regularly. Currently, there are around ten missing in Gard. "It is enough to have a law degree or to have worked in this field", for example employees who have worked for a notary.

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