Mediation and Conciliation by Bailiff in Tunisia: Fast and Amicable Dispute Resolution

Direct Answer: What role does a judicial bailiff play in mediation in Tunisia?

In Tunisia, amicable dispute resolution is growing fast. Article 13 of Organic Law No. 2018-9 of January 30, 2018 expressly empowers judicial bailiffs (huissiers de justice) to conduct mediation and conciliation between parties. As independent, impartial and sworn public officers, bailiffs have the legal credibility to bring conflicting parties together, analyse the points of law without bias and help them reach a fair negotiated settlement, avoiding years of heavy and costly litigation before the courts. An agreement is generally reached within a few days or weeks, compared with 2 to 4 years of court proceedings, and the discussions held at the office remain confidential and protected by professional secrecy. Mediation is particularly suited to disputes between business partners, between landlords and tenants, and to family disputes. If mediation fails, each party keeps full freedom to bring the case before the competent courts, and nothing said during the mediation can be held against them.

Bailiff mediation at a glance