What is a Chamber for Amicable Settlements?

What is it?

The Chamber for Amicable Settlements is a section of the civil court within the Court of First Instance, the Labour Court, and the Enterprise Court. This chamber is specifically designed to help parties reach a negotiated settlement.

The judge who presides over the chamber does not act as a ruling judge, but as a mediation judge. This mediation judge has received specialized training to guide the negotiation and mediation process effectively.

While judges are typically required to remain impartial, this is not the case for a mediation judge within the Chamber for Amicable Settlements. This judge actively assists in finding a resolution and is even allowed to make suggestions or take a position to help move the negotiations forward.

A key principle of the Chamber for Amicable Settlements is confidentiality. Everything discussed during the session remains strictly confidential. The content of these discussions cannot be used in any later court proceedings. This allows parties to speak freely, which greatly facilitates the chances of reaching a negotiated agreement.

How does a Chamber for Amicable Settlements procedure work?

Once a legal procedure has been initiated, either the judge or the parties themselves can propose to refer the case to the Chamber for Amicable Settlements. In that case, the file is transferred to a different chamber of the same court, where a different judge will act as the mediation judge.

During the session, the judge will explore the positions of the parties. The parties may also come forward with concrete proposals. If there is sufficient willingness to reach an agreement, a follow-up session can be scheduled to continue the negotiations.

If a full or partial agreement is reached, it is recorded either in a settlement summary ("accord conclusion") or in an official report of amicable settlement, drawn up by the court clerk. Such a report has the same legal value as a court judgment, and is therefore binding and enforceable.

What are the advantages of the Chamber for Amicable Settlements?

The main advantage of the Chamber for Amicable Settlements is that the parties retain control over the outcome of their dispute. The court does not impose a judgment — instead, the parties themselves determine the solution.

In addition, the court allocates more time for handling the case. Each party is given the opportunity to share their side of the story, which can often be a significant relief in itself.

Mediation through the KMS also often leads to a faster resolution compared to going through a full court procedure. As a result, the overall costs of the legal process can be significantly reduced.

What if no agreement is reached?

Not every mediation within the Chamber for Amicable Settlements is successful — and that’s perfectly okay.

If the parties reach only a partial agreement, that agreement will be recorded in a settlement summary or an official report of amicable settlement. The remaining points of dispute will then be referred back to the regular court. In other words, the case will return to the judge who initially referred it to the Chamber for Amicable Settlements. The chamber judge will never be the same judge who issues a ruling if the parties fail to reach (full) agreement.

If no agreement is reached at all, the entire case is sent back to the regular court, where the regular judge will make a decision.