Extrajudicial Conciliation in Peru: An Effective Path to Resolve Disputes
Alternative Dispute Resolution
Mar 22, 2025• Read time: 5 min

Extrajudicial Conciliation in Peru: An Effective Path to Resolve Disputes

Dr. Héctor Oswaldo Cabrera León
Dr. Héctor Oswaldo Cabrera León
Former Judiciary Judge • Certified Extrajudicial Conciliator
Extrajudicial conciliation offers an enforceable settlement carrying the legal force of a court judgment while saving years of litigation.
Statutory Basis & Binding Precedent:

Peruvian Conciliation Law No. 26872 and Implementing Regulations.

Under Law 26872, civil lawsuits involving disposable property claims are inadmissible without prior conciliation attempt.

Certain, express, and enforceable conciliation clauses qualify as direct enforcement titles.

Retaining legal counsel during conciliation hearings ensures airtight, liquid drafting free of enforcement loopholes.

Extrajudicial conciliation session at our Tumbes headquarters.
Extrajudicial conciliation session at our Tumbes headquarters.

Procedural Criteria & Legal Rationale

1

Prior extrajudicial conciliation is mandatory in Peru before filing civil claims over disposable rights such as leases, debt collection, or child support.

2

A conciliation record containing full or partial agreement holds the exact same legal enforcement authority as a final court judgment.

3

If breached, creditors proceed directly to expedited enforcement without re-litigating the underlying dispute.

Dr. Héctor Oswaldo Cabrera León
Former Judiciary Judge • Certified Extrajudicial Conciliator

Dr. Héctor Oswaldo Cabrera León

Over three decades leading civil, constitutional, and arbitral litigation in Tumbes and northern Peru. Admitted to the Tumbes Bar Association (ICAT No. 0412).

Discuss a Case

Further Legal Commentary & Doctrine