Notaires Mediation Service
31st Oct 2023
Many notaires are refusing to participate in the official dispute mediation service.
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Notaires Mediation Service
31st Oct 2023
Many notaires are refusing to participate in the official dispute mediation service.
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Notaires in France play a pivotal role in a wide range of family and business legal matters.
In addition to their monopoly of property conveyancing they handle inheritance and gift procedures, as well as drawing up business contracts.
The profession is largely self-regulated, with complaints (other than criminal matters) being handled by the relevant departmental professional body, the Chambre de Notaires.
There is widespread criticism of this mechanism, due to its lack of transparency, enforcement and delays.
Since 2016, in order to comply with European regulations, a mediation structure has been in place, called the médiateur-notariat.
Although such a process offers greater independence, the mediator is unable to impose sanctions, and participation by the notaires is entirely voluntary.
In his recently published report for 2022, the mediator points out that far too many notaires are unwilling to accept mediation.
He states that in 2022 he received 2911 complaints, 292 more than in 2021 and in constant progression since 2018 (see below).
Nevertheless, over half of the complaints received were not accepted, mainly because (852 cases) the complainant had not supplied sufficient information, despite requests to do so.
Of the remaining 1280 accepted by the mediator a third (432) did not proceed as the notaire involved refused to participate in the mediation process.
The mediator states that: “There still appears to be a certain number of notaries who do not respond to the mediator after a referral, a request for documents or to follow up on questions.”
This is not the first time he has commented in that manner. Each year it is the same refrain. In 2019 he commented that a refusal to participate was "unacceptable", and that it "reveals how little consideration some notaries give to this new method of dispute resolution."
There may, however, be a light at the end of the tunnel, as prospective changes to the professional rules of conduct for notaires will oblige them to respond to the mediator. On verra.
Of the cases that did proceed, the mediator states that 63% were resolved satisfactorily, half directly between the notaire and their client following the complaint.
A majority of cases concerned a succession (689) and 546 a property transaction.
Most of the complaints concerned delays or a lack of response from a notaire. A complaint about poor advice, or a lack of advice, was the second most frequent cause.