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Conciliation
or mediation is a voluntary process in dispute resolution whereby a neutral
third
party who is independent of the
parties, assists them to reach agreement by developing options for them.
Conciliation/mediation may be used in both domestic and international cases
where parties opt to conciliate either preliminary to arbitration, in lieu
of arbitration, or in the course of arbitration.
The conciliator/mediator does not
impose a settlement upon the parties. He or she may propose a settlement
if the parties so wish. The function of the conciliator/mediator is to
help the parties to come to a settlement. If this fails, that is the end
of the matter. The procedure is very flexible and the conciliator/mediator
can confer with each party separately. The process could take one day,
a few days, or longer, if circumstances permit.
Conciliation/Mediation in the
KLRCA
The Rules for conciliation/mediation
under the auspices of the Centre incorporate many of the provisions of
the UNCITRAL Conciliation Rules. In the Rules, the words "mediation" and
"conciliation" are used interchangeably and reference to "conciliator"
and "conciliation" shall include "mediator" and "mediation". The conciliator/mediator
may also make proposals for a settlement of the dispute only at the request
of or with the consent of all parties.
The Centre offers facilities and
assistance for the conduct of conciliation/mediation proceedings, including
the enforcement of awards made in the proceedings held under the auspices
of the Centre.
Parties are free to choose their
own conciliators/mediators in the manner indicated in the Rules but they
may also request that the Centre appoint conciliators/mediators from its
international panel. There shall be one conciliator/mediator unless the
parties agree that there shall be two or three conciliators/mediators.
Where there is more than one conciliator/mediator, they ought, as a general
rule, to act jointly. If the parties fail to reach agreement on the choice
of the conciliator(s)/mediator(s), the Director of the Centre shall assist
in the appointment of conciliators/mediators. The costs of conciliations/mediations
include administrative charges as well as the fees of conciliators/mediators.
The party initiating conciliation/mediation shall submit a written request
to the Director of the Centre.
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