Settle a dispute amicably during the performance of a public contract

Verified 19 June 2026 - Entreprendre Service Public / (Prime Minister)

Disputes arising in connection with the performance of a public contract are generally settled in accordance with the procedure laid down in the special administrative clauses (CCAP) present in consultation documents. However, if the dispute persists, amicable dispute resolution (ADR) methods can allow the public purchaser and the company to reach a solution before bringing the matter before a judge: this is the mediation of the companies or the Advisory Committee on Amicable Settlement (ACHR).

Alternative Dispute Resolution (ADR) is a mechanism by which parties may attempt, with or without the intervention of a third party, to resolve their dispute.

Referrals to the companies Mediator or the Advisory Committee on Dispute Resolution (ACDR) are two ADRs with third party intervention.

An ADR may be implemented even if it is not provided for in Special Administrative Clauses (SAC) . However, while the CCAP provides for an amicable dispute resolution clause, the implementation of an ADR is a mandatory prerequisite for any judicial remedy.

Example :

Disputes that can be resolved through an out-of-court dispute resolution (ADR) process include:

  • Disagreement on the amount of the termination indemnity: it is paid to the contract holder by the public purchaser who terminates the public contract before its end.
  • Modification of existing contracts in case of increase of raw material prices
  • Disagreement on penalties for late performance. For more details on the applicable sanctions, refer to the fact sheet on theperformance of contract
  • Non-payment of additional works made by the contractor. For example, a contractor discovers that additional earthmoving and foundation works are required for the continuation of a construction site. He claims their payment from the public purchaser.

The companies Ombudsman's task is to negotiation in order to find a amicable solution to the dispute. It generally deals with disputes of an amount greater than €1,500.

The device is free.

The companies Ombudsman has a network of national delegated ombudsmen and regional delegated ombudsmen throughout the country.

It may be seized by each of the parties. For initiate a mediation process the companies mediator must file a file online:

Referring the companies mediator

All exchanges are covered by the strictest confidentiality. Anyone can end it whenever they want.

At the end of the mediation, a memorandum of understanding is drafted and signed by both parties. If the parties are unable to reach an agreement, they must turn to other methods of dispute settlement such as referral to the judge.

The organization of a mediation interrupts the time limits for bringing proceedings .

  • The interruption shall begin on the day on which the parties agree to resort to mediation or, in the absence of writing, on the day of the first mediation meeting.
  • The time limit starts running again after the mediation.

To learn more about the mediation process, you can consult the following practical guide:

Public order: practical guide on amicable methods of dispute settlement

Ministry of Economy

Pour en savoir plus

The Advisory Committee on Mutual Agreement Settlements (ACR) are conciliation advisory bodieswhich may be seized of any dispute arising in the course of the performance of a public contract. Their mission is to research and propose a amicable and fair solution.

Referral of a CCRA

Referral of a CCRA: titleContent is optional but contract documents may make it mandatory.

According to the public purchaser concerned, either the national committee or a local committee must be consulted:

  • The national committee for the amicable settlement of disputes relating to public procurement is competent for contracts awarded by the central services of the State. It is also competent for disputes concerning contracts awarded by services and bodies with national competence where the contracts in question cover needs exceeding the constituency of a single local committee.
  • The local committees settlement agreements are competent when the public contract is awarded by a local authority, its public group or establishments or the decentralized services of the State.

For contact information, please refer to:

It is before the committee in writing by the winning company or by the public purchaser. A file must be prepared containing the following documents:

  • A brief explaining the reasons for the dispute, the nature and amount of the claims
  • Contract parts of the market
  • Letters exchanged between the parties and any other document concerning the dispute.

This file must be sent by registered letter with acknowledgement of receipt or lodged against receipt at the secretariat of the competent committee.

A dematerialized supplementary mailing can be made by email to the committee secretariat.

Referral is free of charge. The costs of sending and copying the documents as well as the legal fees (which are not mandatory) are borne by the party who made the referral.

Communications and exchanges of information with the Committee may then be carried out electronically.

Effects of CARAC opinions

CCRAs are not a jurisdiction. They give opinions that are not binding on the parties.

The Committee shall notify its opinion to the buyer and to the contract holder in the 6 months delay from the date of referral.

The decision taken by the purchaser on the advice of the Committee shall be notified to the contract holder and to the Secretary of the CARAC:

  • If the parties decide to follow the notice, they may enter into a settlement or sign a endorsement.
  • If this is not the case, either party may refer the matter to the administrative judge.

Referral to a CCRA interrupts time limits for bringing proceedings until the public purchaser decides whether or not to follow the opinion of the committee.

To learn more about the procedure before a CCRA, you can consult the following practical guide:

Public order: practical guide on amicable methods of dispute settlement

Ministry of Economy

Pour en savoir plus

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