Conciliation

Conciliation Model Clauses & Agreement

The parties wish to seek an amicable settlement through conciliation procedure, may opt before or after a dispute has risen below mentioned suggested clauses:

A. Future Disputes

If any dispute arises between the parties as to the interpretation, application or performance of this agreement/contract, including its existence, validity or termination, either party may invite the other to conciliate the dispute under the JUPITICE CONCILIATION PROCEDURAL RULES as in effect on the date hereof.

Parties may wish to consider adding in any such conciliation agreement:

1. The number of Conciliator(s) shall be ---------
2. The Language of the conciliation proceedings will be --------
3. Specific qualifications of the conciliator(s) including, but not limited to, language, nationality, technical qualification and experience

B. Existing Disputes

The parties agree to commence conciliation of the dispute under the Jupitice Conciliation Rules as in effect on the date hereof: . . . [Insert brief description of dispute].

Parties may wish to consider adding paragraphs 1-3 of the Model Clause for conciliating future disputes as set forth above.

Model Agreement for Conciliation

Parties to an existing dispute in which neither an Conciliation clause nor a previous agreement with respect to Conciliation exists, who wish to refer such dispute to Conciliation under the JUPITICE Online Administered Conciliation Rules, may agree to do so in the following terms:

“We, the undersigned, agree to refer to online Conciliation administered by Jupitice Case Management Team under the JUPITICE Online Administered Conciliation Rules by using Jupitice Justice Technology Platform, any dispute, controversy, difference or claim (including any dispute regarding non-contractual obligations) arising out of or relating to:

(Brief description of contract under which disputes, controversies, differences or claims have arisen or may arise.)

The law of this Conciliation agreement shall be …
The seat of Conciliation shall be ...
The number of Conciliators shall be ... (one or three).
The Conciliation proceedings shall be conducted in ... (insert language).


Signed: ________________(Claimant)
Signed: ________________ (Respondent)
Date: __________________”

Draft Model Clause for Online Conciliation

To adopt Jupitice Online Conciliation Services, we recommend the following model clause may be adopted by the parties to a contract who wish to refer any future disputes to online conciliation in accordance with these Rules:

“Any dispute, controversy or claim arising out of or relating to this contract including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally setteled by Online Conciliation Administered by Jupitice under in accordance with the Jupitice Online Administered Conciliation Rules (“Rules”) or any other Online Administered Conciliation Rules in force on the date when request for Conciliation is submitted, which Rules are deemed to be incorporated by reference into this Clause and the settlement made in pursuance to their shall be binding on the parties.

The Appointing Authority shall be the Advisory Board of Jupitice.

This Contract is governed by the Laws of ...
The seat of Conciliation shall be ...
The number of Conciliators shall be ... (one or three).
The Conciliation proceedings shall be conducted in ... (insert language).”