Typical Steps in Conciliation
The process of conciliation begins with the acceptance by the parties in dispute to choose the conciliation method to resolve their disputes. One party who initiates to resolve the dispute by the process of conciliation has to send a written agreement to the other party stating the subject matter of the dispute. The commencement of the process of conciliation begins when the other party to whom the one party has notified to conciliate the disputing matter. Ordinarily, there is one conciliator in the process until and unless parties agree for two or three. The conciliator has an option to seek a written draft from the disputant parties which describes the point of dispute and its nature. There is an instant need to recognize the utility of the ADR mechanism and observe its benefits in order to resolve the disputes between the parties.
- Initiating the Conciliation - An Invitation by one party through online application to the JUPITICE for a dispute to be referred to Conciliation. Conciliation Proceeding shall commence when the other party accepts the invitation.
- Appointment of Conciliator - Conciliator may be appointed by one of three ways: (1) Directly by the disputing parties, (2) By existing tribunal members of JUPITICE GLOBAL PANEL (For example, each, each side appoints one Conciliator and then the Conciliators appoint a third with the help of JUPITICE), (3) By an external party (For example, an individual or institution nominated by the parties).
- Preliminary Meeting - Conciliator invite the parties to have a virtual meeting along with their legal counsel, to look over the dispute in question and discuss an appropriate process and timetable.
- Statement of Claim and Response - The claimant submit a summary of the matters in dispute and the remedy sought in a statement of claim to the conciliator through JUPITICE PLATFORM. JUPITICE inform the respondent of what needs to be answered. It summarizes the alleged facts, but does not include the evidence through which facts are to be proved. The statement of response from the respondent is to admit or deny the claims. There may also be a counterclaim by the respondent, which in turn requires a reply from the claimant. Their purpose is to identify the issues and avoid surprises.
- Submission of Additional Written Statements, documents and Evidence - The Conciliator may request each party to submit further written statement of his position and facts, grounds in support thereof, supplemented by any documents and other evidences etc. prior to the hearing.
- Hearing - The hearing is a virtual meeting in which the conciliator listens to any oral statements, and can ask for clarification of any information. Both parties are entitled to put forward their case and be present while the other side states theirs. A hearing may be avoided however, if the issues can be dealt with entirely from the documents.
- Settlement Agreement - When it appears to the conciliator that there exists elements of a settlement which may be acceptable to the parties, he shall formulate the terms of a possible settlement and if the parties reach agreement on a settlement of the dispute, they may draw up or request conciliator to draw up or take assistance in drawing up, and sign a written the settlement agreement. The conciliator shall authenticate the settlement agreement. In some countries Like India, it shall be final and binding on the partiers and shall have the same status and effect as if it is an arbitral award on the agreed terms.