Conciliation and arbitration fees
Notary and client usually agree in advance on the amount of fees or on a method of calculating fees as a function of the nature and complexity of the work to be done. The client eventually receives a statement of account which is in accordance with the original agreement. Failing a preliminary agreement, a client who is dissatisfied with an account may apply for conciliation, and if necessary, arbitration, to resolve the dispute over fees.
Information concerning time limits and conditions for filing an application may be obtained from the Service de conciliation des comptes at the Chambre des notaires.
In order for an application to be admissible, the client must apply in writing within the time period stipulated in the Regulation respecting the procedure for conciliation and arbitration of accounts of notaries. To simplify procedure, the regulation and forms requesting conciliation have been made available at the Service de conciliation des comptes upon request.
Upon receipt of the application, the conciliator contacts the notary concerned to obtain his version of the facts. He then tries to reconcile the parties in the manner he deems most appropriate. Conciliation is basically an informal process by which the conciliator attempts to bring the client and notary to agree on the amount of the fees.
If conciliation fails, the client may, within 30 days following receipt of the conciliation report, apply for arbitration, using the form provided for this purpose by the Chambre des notaires.
Depending on the amount involved, the Council of Arbitration may be composed of one or three arbitrators. The arbitrators are notaries appointed by the Chambre des notaires
During the hearing, the Council of Arbitration hears the parties and receives evidence in accordance with relatively flexible rules of procedure. The council decides with equity and must render its decision within 30 days after the hearing. In its decision, the council may uphold or reduce the account in dispute. The decision binds the parties and is final and without appeal. It can be put into compulsory execution if homologated by the court in accordance with articles 946 and following of the Code of Civil Procedure.