International & Domestic Conciliation
What is Conciliation?
Conciliation is an alternative out-of-the-court dispute resolution instrument. The process involves the appointment of a conciliator who assists the parties to dispute in reaching a mutually agreed settlement of the dispute. Parties who do not wish to have a binding result from the dispute resolution method can opt for Conciliation. The settlement through Conciliation only becomes binding at the instance of both parties.
How it Works:
The use of Conciliation as a mechanism for the resolution of International economic and business disputes
The transnational system abounds with variations on conciliation as a method for the settlement of disputes arising out of international economic and business relationships. In the inter-state economic sphere, conciliation has been adopted for use in resolving disputes between contracting parties within an international organization or multilateral treaty framework. Conciliation has also been inserted in bilateral agreements, in particular those relating to trade or investment by one party in the territory of the other. On the national level, conciliation has been incorporated into domestic statutes regulating international commercial dispute settlement. Finally, in the private sector, parties entering into international business contracts can draft conciliation clauses into their agreements, utilizing institutional conciliation rules if desired. Whether the framework is a multilateral or bilateral treaty, domestic statute, or private ordering, conciliation usually serves as a preliminary or intermediate step in a layered dispute resolution structure.
In the international economic sphere, conciliation is either structured according to its traditional format, as discussed above, or particular aspects of the concept are used. Moreover, conciliation is infrequently activated when a dispute does arise, its availability notwithstanding. With some exceptions found in the realm of international trade, disputants appear to prefer adjudicative, binding methods of dispute resolution. However, there is some contemporary support for the greater use of conciliation and other non-binding forms of settlement.
Advantages of Conciliation:
Service Delivery Process followed by White Code Legal:
Service Inclusions
Service Exclusions
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