Can an employee and an employer settle a dispute amicably?
Verified 11 September 2026 - Public Service / (Prime Minister)
In case of conflict, an employer and an employee may decide to resolve the dispute at the amicable. The parties may choose the labor court conciliation, conventional mediation, the participatory procedure or a transaction. The procedures differ depending on the parties' choice. We're taking a look at the regulations.
Prud'homale conciliation
The labor court conciliation is 1re step mandatory proceedings before the labor court. Its purpose is that the employer and the employee reach an amicable agreement before any judgment.
After having brought an action before the court in connection with a request, the Conciliation and Guidance Office (BCO) shall convene a meeting of the parties conciliation.
During the procedure, the BCO shall collect the explanations of the parties and attempt to reconcile them.
To bring the claim in court, it is necessary to settle tax stamp from €50, unless the applicant is a beneficiary of legal aid.
This electronic tax stamp can be purchased online only. Payment is made by credit card.
Purchase an electronic tax stamp to initiate civil legal proceedings
Warning
The contribution must be paid at the time of the application for legal proceedings. In the event of non-payment, a period of 1 month is granted. After this period, the application shall be considered as inadmissible.
The labor court conciliation can have 3 outcomes: agreement total or partial and no agreement.
If the parties reach an agreement
In case okay between the parties, the dispute shall take end.
For disputes relating to the dismissal, if the employee accepts the payment of a lump sum conciliation allowance, the dispute shall end.
FYI
Llump sum conciliation allowance only concerns disputes relating to the dismissal.
If the parties reach a partial agreement
In case of agreement partial, the dispute shall take end for the element(s) of the dispute settled.
The elements unresolved shall be transmitted to judging office of the labor court.
If there is no agreement between the parties
If there is no not by mutual agreement, the case is referred to the judging office. If the parties do not prepare their cases themselves by exchanging evidence and arguments, the conciliation and guidance office (BCO) then intervenes to impose a strict schedule to be respected until judgment.
Conventional Mediation
Initiated by the parties, conventional mediation allows a dispute to be settled at the amicable. This process prevents the employee and his employer from filing an appeal before the Labor Court (CPH).
To settle this dispute, the assistance of a mediator is mandatory. The choice of this mediator must be made by mutual agreement between employer and employee.
This mediator must justify the qualification required to deal with the conflict or to justify, as the case may be, training or experience adapted to the practice of mediation. It must be independent, neutral and impartial.
Mediation takes place in the compliance with the conditions set directly by the parties and the mediator.
FYI
During mediation, the employee and the employer may get done assist of a lawyer. The latter advises them and accompanies them towards an amicable resolution of the dispute.
Mediators are included on a list that is drawn up every 3 years.
This list is searchable in the single reception services for the litigant of appellate court, courts, labor courts and commercial courts.
It can also be consulted in the houses of justice and law as well as in access points or relays to the right.
Please note
One conciliator of justice may also be called upon to resolve the conflict.
The procedure of conventional mediation takes place in 4 steps :
- Presentation of facts by each party so that the mediator knows the origin of the conflict
- Search for interest and needs of the parties, through separate interviews if necessary
- Enumeration by the Ombudsman of solutions envisaged by the parties
- Production from memorandum of understanding (or settlement agreement) signed by the parties.
The duration of the mediation depends on the will parts. They must set a calendar.
One or more mediation sessions may be required to reach an agreement.
The cost of conventional mediation, as determined by freely by the Ombudsman, is distributed equally by the parties.
In the event of recourse to lawyers, the fees are also shared.
Conventional mediation can have 2 outcomes: agreement and no agreement.
If the parties reach an agreement
If the employee and the employer are coming to settle their dispute, a written agreement is concluded between the parties.
The agreement may be approved by the Labor Court (CPH) with the agreement of the employee and the employer.
To obtain approval, the employee and the employer must refer the matter to the labor court.
However, the CPH may refuse to approve the agreement. However, it cannot modify the content.
The approval of the agreement gives it enforceability. Thus, if one of the parties does not respect its commitments, the other party may request its enforcement.
Please note
The denial of approval by the CPH deprives the agreement of the benefit of enforceability, but he don't cancel the agreement.
If there is no agreement between the parties
If mediation does not does not allow to resolve the dispute, the employee or employer may then refer the matter to the Labor Court (CPH).
The prud'homale procedure applies in usual conditions (conciliation and orientation phase and, if necessary, judgment of the case).
Participatory procedure
The participatory procedure allows you to set to the amicable a dispute between an employer and its employee to avoid recourse to Labor Court (CPH).
Each part is obligatorily assisted by one lawyer.
The employer and the employee, assisted by their lawyers respectively, conclude a convention participatory procedure.
This convention is written.
She stares at duration during which the parties undertake to find a solution amicable to the dispute.
It clarifies the subject matter of the dispute, the documents and information necessary for its resolution and the rules for their exchange.
The cost varies depending on the fees of lawyers.
Fees are shared between the parties.
The participatory procedure may succeed or fail.
If the parties reach an agreement
Where the participatory procedure allows the employee and the employer to settle the dispute, they conclude a agreement with the assistance of their lawyers respective.
This agreement summary the elements resolved in this procedure.
To be valid, the agreement must determine the points of law for which the parties wish to limit the debate (remuneration, overtime for example)
The agreement can be approved by the Labor Court (CPH) with the agreement of the employee and the employer. To obtain the approval, you must enter the CPH. However, the CPH may refuse to approve the agreement. However, it cannot modify the content.
The approval of the agreement gives it enforceability. Thus, if one of the parties does not respect its commitments, the other party may request it forced execution.
Please note
The denial of approval by the CPH deprives the agreement of the benefit of enforceability, but he don't cancel the agreement.
If there is no agreement between the parties
If the participatory procedure does not does not allow to resolve the dispute, the employee or employer can then seize the Labor Court (CPH).
The prud'homale procedure applies in usual conditions (conciliation and orientation phase and, if necessary, judgment of the case).
Transaction
The transaction is a agreement between an employee and his employer who end to a dispute without waiting for a judgment. It assumes reciprocal concessions.
It shall be drawn up in the form of a contract, often called transactional protocol, drafted in writing and signed by the employer and the employee.
The assistance of the parties (by a lawyer, in particular) during the negotiation is optional, but it is preferable to ensure the validity of the signed transaction.
The content of the transaction is freely negotiated by the employee and the employer. However, it must meet the following conditions:
- Respect the general conditions of validity of contracts (lawful cause, free and informed consent of the parties, capacity to contract)
- Make a conflict between the parties
- Foresee and mention reciprocal concessions (e.g. payment of compensation in return for the employee's undertaking not to bring the matter before the labor court).
If the parties are represented by a lawyer, the latter intervenes during the negotiation, then on the occasion of the writing of the transactional protocol.
The transaction can be concluded before a procedure judicial (labor court or appeal) or during this procedure.
If one of the parties considers that the transaction concluded is not not valid, it may refer the matter to the judge for a ruling cancelation.
Warning
If the conflict is over the termination of the employment contract, the transaction cannot be concluded only after the date of termination of the contract.
The cost varies depending on the fees of lawyers, if the parties decide to make use of it.
Fees are shared between the parties.
The transaction may succeed or fail.
If the parties reach an agreement
When the transaction is validly concluded, the employer and the employee cannot no longer dispute the conditions of application of the contract or the conditions under which it is terminated.
After signing the transaction, it is no longer possible to contest its content in court.
However, a recourse to the Labor Court (CPH) remains possible if the conditions at the origin of the drafting of the transaction may lead to its cancelation. It is also possible if the employee and/or the employer do not comply with the obligations provided for in the transaction.
The employer and the employee can apply to the CPH d'certify the transaction.
The CPH cannot edit the content of the transaction. He can refuse certify the transaction if it considers that the agreement signed between the employer and the employee disadvantage one of the two parts.
Example :
The CPH may cancel the transaction if it provides that a dismissed employee receives a sum less than the amount of severance pay to which he could be entitled.
Approval of the transaction gives it enforceability. Thus, if one of the parties does not respect its commitments, the other party may request its enforcement.
If there is no agreement between the parties
If the transaction does not allow to resolve the dispute, the employer or employee may then refer the matter to the Labor Court (CPH).
The prud'homale procedure applies under the usual conditions (conciliation and orientation phase and, if necessary, judgment of the case).
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The informants who answer you belong to the ministry responsible for labor.
Prud'homale conciliation
Conciliation and guidance
Conventional mediation and participatory procedure (general principles), settlement (approval)
Transaction (validity conditions)
Transaction (consequences)
Ministry of Justice