Disputes arising from a lease relationship fall within the scope of mediation as a procedural prerequisite. This is a rule that changes the starting point of the process for both landlord and tenant.
Disputes within scope
- disputes concerning the eviction of leased immovable property;
- claims for the determination and adaptation of rent;
- claims for unpaid rent and for compensation arising from the lease relationship;
- disputes concerning the division of immovable property, other than dissolution of joint ownership.
An important exception falling outside scope
Eviction through enforcement proceedings does not fall within this scope. No mediation requirement applies to eviction proceedings without judgment commenced on the ground of non-payment of rent; such proceedings may be initiated directly. The requirement takes effect once the matter moves to the litigation stage.
An action brought without applying to mediation will be dismissed on procedural grounds without examination of the merits, however strong your case may be. What is lost is not only time, but court fees and attorney's fees.
How does the process work?
The application is made to the mediation office at the counterparty's place of residence. Once a mediator has been appointed, the parties are invited to a meeting. If agreement is reached, the settlement document drawn up acquires the quality of a judgment once an annotation of enforceability is obtained — meaning there is no need to bring a separate action.
If no agreement is reached, the final minutes drawn up are given to the party to be attached to the statement of claim. An action brought without those minutes will not be accepted.
Our recommendation
We would advise against treating the mediation stage as a formality. In eviction and rent determination files the proportion of parties able to reach agreement is by no means low; where agreement is reached, the outcome is obtained in enforceable form and long before proceedings that could take years.
