Par
Simon Mauviel
Published on
Jan 2, 2025 at 5:30 p.m.
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Every third Monday of the month, Alan Gordon takes over a small office on the ground floor of the town hall of Paimboeuf (Loire-Atlantique).
Justice conciliator for seven years, the former insurance executive has been listening to the complaints of residents who are experiencing disputes with their neighbor, their landlord, their employer or even a craftsman.
On this afternoon of Monday December 16, 2024, the office is calm. The opportunity for the sworn judicial officer to tell us about his activity.
What is the role of a justice conciliator?
Alain Gordon: We are an essential and obligatory cog for small disputes. We are not judges, but facilitators. Our role is that a dialogue can begin between the two parties, helping them find an amicable agreement to avoid ending up in court.
How do you become a justice conciliator?
– You must have experience in legal matters. The conciliators are very often retirees who were company executives, civil service or liberal professions, sometimes former police officers or soldiers. There are nearly 3,000 of us in France, and around thirty in the jurisdiction of the Saint-Nazaire court, appointed by the Court of Appeal (of Rennes in its case, Editor's note). Throughout our mission, we have compulsory training with the National School of the Judiciary. It is important to point out that we are volunteers. And the consultation is free.
What made you decide to take this path?
– I worked in the insurance sector, in civil litigation, and all my professional life, I did consulting. When I retired, I first got involved in a consumer defense association, but I realized that this was taking sides. This is not what I was looking for. I am a man of dialogue.
What types of disputes do you handle?
-– I deal with between 70 and 80 files per year and all everyday disputes: those relating to consumption, relations between landlord and tenant, cases of servitude, problems encountered with internet service providers, travel and of course neighborhood unrest, which represents a little more than 20% of the total. For example, the noise of the lawn mower which annoys the neighbor at 5 a.m. on Sunday… Cases that I frequently encounter, particularly in areas with lots of trees like Saint-Brevin, are problems with branches protruding from the property. or roots in the ground.
Sometimes obligatory
Since a decree published on May 11, 2023, disputes whose amount is less than €5,000 and which fall within its area of expertise must go before a justice conciliator. The objective is to unclog the courts.
Sometimes you also have cases that are out of the ordinary?
– With the phenomenon of neo-rurals, these city dwellers who want to come and live in the countryside, there are a lot of disputes. We all have the example of the Martin rooster crowing which annoys the neighbors, but it can also be the noise and smells of cows stalling or even dung on a path. I remember a lady coming to see me one day. She was shocked that her neighbor was walking around in front of her in an outfit that I would describe as inappropriate, revealing her private parts!
Was the conciliation successful?
– I guess. After the first conciliation meeting, I never saw the lady again…
But not all of them succeed…
– The success rate is around 50%. Sometimes there are blockages. If the person who must defend themselves does not want to come, there is a finding of deficiency. If she doesn't want to hear anything, it's a failure. In this case, the parties can go to court. There is also a growing trend that we also observe in the courts of cases being dismissed. People ask the courts to take care of their cases and they don't show up on the day of the appointment…
Over the past seven years, have you felt any progress?
There has been a break since Covid. People have withdrawn into themselves, they are less open to dialogue, less patient too. More specifically on Paimboeuf, I handled a lot more rural-type disputes before. Today, we are more concerned with urban issues, incivility, nighttime noise, etc.
Alain Gordon offers hours every 3e Mondays of the month in Paimboeuf (next January 20) and every 1ers Tuesdays of the month in Saint-Père-en-Retz (February 4). To make an appointment, call the relevant town hall.
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