Countries › Peru › Guide › 14. Disputes › Pre suit conciliation and mediation in Peru: when conciliation is mandatory, the procedure, sanctions and enforceable agreements

Pre suit conciliation and mediation in Peru: when conciliation is mandatory, the procedure, sanctions and enforceable agreements

Last verified: 2026-10-28 · Status: Stable

Before suing over most disposable civil and commercial rights, a claimant must request and attend extrajudicial conciliation at an authorised centre; a claim filed without that attempt is rejected for lack of interest to sue. The hearing is set within days, lasts up to 30 calendar days, can be held by videoconference, and a party that skips it faces a presumption of truth, loss of the right to counterclaim and a fine of 2 to 10 Unidades de Referencia Procesal. Conciliation is not required where the invited party lives abroad without a representative empowered to conciliate, for executive and interim proceedings or administrative litigation; a signed agreement is directly enforceable and filing suspends limitation periods.

USD figures use S/ 3.452 per US dollar, the banking system selling rate published by the Superintendencia de Banca, Seguros y AFP for 27 October 2026, from the Banco Central de Reserva del Perú statistics series PD04640PD. UIT amounts use the 2026 UIT of S/ 5,500 set by Decreto Supremo Nº 301-2025-EF, as cited in SUNAT Resolución de Superintendencia Nº 000016-2026/SUNAT. Conversions are for orientation only.

Key facts

Pre suit conciliation required	Yes, for disposable rights, with exceptions (art. 7-A and 9) textLey Nº 26872 art. 6 (DL Nº 1070), as of 2026-10-28 · in force
Hearing after invitations	Within 7 business daysLey Nº 26872 art. 12 (DL Nº 1070), as of 2026-10-28 · in force
Maximum duration of the single hearing	30 calendar daysLey Nº 26872 art. 11 (DL Nº 1070), as of 2026-10-28 · in force
Fine for not attending	2 to 10 URPLey Nº 26872 art. 15 (DL Nº 1070), as of 2026-10-28 · in force
Conciliation record with agreement is enforceable	Yes, as an enforcement title textLey Nº 26872 art. 18 (DL Nº 1070), as of 2026-10-28 · in force
Conciliation request suspends limitation periods	Yes, until the procedure ends textLey Nº 26872 art. 19 (DL Nº 1070), as of 2026-10-28 · in force
Not required when the invited party lives abroad	Yes, unless its representative holds an express power to be invited textLey Nº 26872 art. 7-A b), as of 2026-10-28 · in force
Conciliation by videoconference	Allowed textDS Nº 017-2021-JUS art. 3, as of 2026-10-28 · in force
Unidad Impositiva Tributaria 2026	5,500 PENDS Nº 301-2025-EF, as of 2026-10-28 · in force
SBS banking system selling rate, 27 October 2026	3.452 PEN per USDBCRP series PD04640PD, as of 2026-10-28 · in force

The rule

1. Conciliation is a precondition for suing over disposable rights. If the claimant does not request conciliation, or does not attend the hearing, before filing the lawsuit, the judge declares the claim inadmissible for manifest lack of interest to sue. Matters that can be conciliated are determined or determinable claims over rights the parties can freely dispose of, including family maintenance, visitation and custody. The 2008 reform applied from 60 calendar days after publication in the conciliation districts of Lima, Trujillo and Arequipa and the Lima Cono Norte judicial district (except Canta), and elsewhere according to an official calendar set by decree.
Cost to do it: Fees of the private conciliation centre under its own tariff; free centres of the Ministry of Justice also exist.
Example: A Lima landlord suing for unpaid rent must first invite the tenant to conciliation; otherwise the judge rejects the claim at the outset. / A foreign company suing a Peruvian distributor for US$50,000 in damages must attempt conciliation first if the distributor is domiciled in Peru.Ley Nº 26872, Ley de Conciliación (El Peruano, 13 November 1997), as amended by Decreto Legislativo Nº 1070 (El Peruano, 28 June 2008), Art. 5, 6 and 7, 2008-06-28 official text · verified 2026-10-28

2. Conciliation does not apply, or is not a requirement, where the invited party's domicile is unknown, where the invited party lives abroad (unless its representative holds an express power to be invited to a conciliation centre), for rights of incapable persons, in interim measure proceedings, in constitutional actions, in nullity and certain voidability actions, in inheritance petitions that include declaring heirs, in family violence cases and for non disposable rights. It is optional, not required to file, in executive proceedings, third party claims over attached assets, adverse possession, pre emption, calls of shareholders or members meetings, challenges of shareholder resolutions under art. 139 and nullity actions under art. 150 of the Companies Law, damages arising from crimes or environmental harm, and contentious administrative proceedings.
Cost to do it: No cost where conciliation is not required; parties may still use it voluntarily.
Example: A shareholder challenging a general meeting resolution of a Lima S.A. can sue directly, because conciliation is optional for art. 139 challenges. / A Peruvian buyer suing a supplier domiciled in Germany over a US$80,000 contract need not conciliate unless the supplier's Peruvian representative holds an express power to be invited to conciliation.Ley Nº 26872, Ley de Conciliación (El Peruano, 13 November 1997), as amended by Decreto Legislativo Nº 1070 (El Peruano, 28 June 2008), Art. 7-A and 9, 2008-06-28 official text · verified 2026-10-28

3. After the request, the centre appoints the conciliator on the next business day, and the conciliator has two business days to send invitations. The hearing must take place within seven business days of the invitations, with at least three business days between receipt and the hearing; if one party does not attend, a new date is set within the same terms. The hearing is a single hearing at the authorised centre and may span sessions for up to 30 calendar days from the first session, extendable only by agreement. Everything said or proposed is confidential and has no evidential value, except facts indicating a crime.
Cost to do it: Centre fees under its tariff; each additional session can add cost depending on the centre.
Example: A request filed on Monday leads to a conciliator on Tuesday, invitations by Thursday and a hearing within the next seven business days. / Settlement offers made in a conciliation over a US$120,000 supply dispute cannot later be used as evidence in court.Ley Nº 26872, Ley de Conciliación (El Peruano, 13 November 1997), as amended by Decreto Legislativo Nº 1070 (El Peruano, 28 June 2008), Art. 8, 10, 11 and 12, 2008-06-28 official text · verified 2026-10-28

4. The procedure ends with total agreement, partial agreement, no agreement, absence of one party at two sessions, absence of both at one session, or a reasoned decision of the conciliator (for breach of principles, withdrawal or refusal to sign). A party whose absence or conduct ends the procedure does not benefit from the suspension of limitation periods, and a party that caused the end by missing two sessions or by conduct leading to the conciliator's decision cannot counterclaim in the later lawsuit. Non attendance of the invited party creates a rebuttable presumption that the facts in the record and repeated in the claim are true, and the judge fines the absent party not less than 2 nor more than 10 Unidades de Referencia Procesal.
Cost to do it: Fine of 2 to 10 Unidades de Referencia Procesal for the absent party, imposed in the later court case.
Example: A distributor that ignores two conciliation invitations loses the right to counterclaim and starts the lawsuit with a presumption against it. / A foreign parent's Peruvian subsidiary that skips a hearing over a US$30,000 invoice also faces a court fine and the presumption of truth.Ley Nº 26872, Ley de Conciliación (El Peruano, 13 November 1997), as amended by Decreto Legislativo Nº 1070 (El Peruano, 28 June 2008), Art. 15, 2008-06-28 official text · verified 2026-10-28

5. The record must state the place and date, the parties, the conciliator, the controversy and the total or partial agreement setting certain, express and enforceable rights and obligations, or the lack of agreement or absence; validity depends on these formalities. A record with agreement is an enforcement title, enforced through the process for enforcing judicial decisions. With partial agreement, only the unresolved differences can be taken to court. Limitation periods are suspended from the filing of the conciliation request until the procedure ends.
Cost to do it: No court fee for the agreement itself; enforcement follows the judicial decisions route if the other side defaults.
Example: A record in which a customer agrees to pay S/ 50,000 (US$14,484) in two instalments can be enforced directly if the second instalment is missed. / Filing a conciliation request one week before a limitation period expires suspends it until the procedure ends.Ley Nº 26872, Ley de Conciliación (El Peruano, 13 November 1997), as amended by Decreto Legislativo Nº 1070 (El Peruano, 28 June 2008), Art. 16, 17, 18 and 19, 2008-06-28 official text · verified 2026-10-28

6. Conciliation may be held in person or by electronic means through videoconference that guarantees integrity, confidentiality and recording; the centre must give the parties the recording at the end of the hearing or within two business days at most. Powers of attorney for natural or legal persons, Peruvian or foreign, must literally include the power to conciliate out of court and to dispose of the right in dispute. General managers and administrators of companies under the Companies Law have that power by virtue of their appointment, proven with a notarised copy of the registered appointment and current power.
Cost to do it: Notarised copies of the registered appointment or power; virtual hearings avoid travel costs for foreign parties.
Example: The general manager of a Lima S.A.C. can attend and settle without a separate power, showing a notarised copy of the registered appointment. / A foreign parent's representative can join a hearing over a US$25,000 claim by videoconference if its power expressly includes the faculty to conciliate and dispose of the right.Decreto Supremo Nº 017-2021-JUS, Texto Único Ordenado del Reglamento de la Ley de Conciliación (published 16 November 2021), Art. 3 and 19 (as amended by DS Nº 008-2021-JUS), 2021-11-16 official text · verified 2026-10-28 · changed: DS Nº 008-2021-JUS added conciliation by electronic means and the general manager rule, consolidated by the TUO approved by DS Nº 017-2021-JUS (16 November 2021).

Step	Term	Article
Centre appoints conciliator	Next business day after the request	art. 12
Conciliator sends invitations	2 business days	art. 12
Hearing date	Within 7 business days of the invitations, at least 3 business days after receipt	art. 12
Duration of the single hearing	Up to 30 calendar days from the first session, extendable by agreement	art. 11
Recording of virtual hearing delivered	At the end or within 2 business days	DS Nº 017-2021-JUS art. 3
Limitation periods	Suspended from the request to the end of the procedure	art. 19

Conciliation timeline under Ley Nº 26872 as amended by DL Nº 1070

Worked example

A Peruvian subsidiary of a Mexican food group is owed S/ 172,600 (US$50,000) by a Lima restaurant chain under an unsigned supply arrangement, so it has no executive title. Before suing, it files a conciliation request; the centre appoints a conciliator the next business day, invitations go out within two business days and the hearing is held within seven business days. The chain does not attend twice, so the procedure ends; in the lawsuit, the facts in the record are presumed true and the court fines the chain 2 to 10 URP.
Had the parties agreed to pay in instalments, the signed record would have been directly enforceable through the enforcement of judicial decisions process.

Step by step

Check whether conciliation is required (disposable rights, defendant domiciled in Peru) or optional (executive claims, interim measures, administrative cases, shareholder resolution challenges).
Prepare a power that literally includes the faculty to conciliate and dispose of the right, or use the general manager's registered appointment.
File the request at an authorised centre in the competent place; it suspends limitation periods.
Attend every session, in person or by videoconference; absence has procedural and monetary consequences.
Make sure any agreement states certain, express and enforceable obligations so the record works as an enforcement title.

Common traps

Filing a lawsuit without first requesting and attending conciliation leads to rejection for lack of interest to sue (art. 6).
A party whose absence ends the procedure loses the suspension of limitation periods (art. 15), so the clock keeps running against it.
Records that fail the formal requirements of art. 16 are void and not enforceable.
Powers granted abroad must literally include the faculty to conciliate and dispose of the right, or the representative cannot settle.
Contentious administrative matters and shareholder resolution challenges are not conciliable under the regulation, so do not waste time trying to settle them through a centre (DS Nº 017-2021-JUS art. 14).

Sources

← Debt collection in Peru: executive titles, the single enforcement process, attachments and interim measuresConsumer claims in Peru: complaint handling, the complaints book, INDECOPI procedures, fines, collective actions and consumer arbitration →

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