Arbitration is meant to resolve dis[ut which are commercial/

Concialiation runs along to dispute of all kinds, as well as negotiation,

Other mechanism of ADR are early dis

It may commerce in mediation and end in arbitration. Ot is called MEDAR

ABMED—WHERE it starts as arbitration and end in Mediation.

It is
There is the arbtration and conciliation Act 2004.
It has been repealed by the arbitration and mediation act 2023.

What is concialaiton.

It is a out-of-court
It is voluntary, flexible,

A counciator is a neautral and he is always invited.

He meet with th eparty both privately or publicly.
The difference between the mediation and concilatoe is that at a point, he will
be ask to propose a non-binding agreement.
The parties are the complianait, the judges.

The arbitrator has been given jurisdiction from the onset.

The conciator is told to propose a non-binding agreement.

The doctrine of confidentiality is present in the presence of the two parties.

The ultimate decision to agree is with the parties, unlike litigation.

It is either you settle or you don’t.

A party that is aggrieved, he can go to coutrt to set the whole thing aside and
start again.

Conciliation is time and cost sufficient and

Conciliator is there to only to repair the savouring relationships, in a friendly

manner, whether
It does not call for any formality. It

For mediation, the agreement will be taken to court for endorsement.

The arbitaration is a moderator, the conductor, the umpire of the mediation,
and the party is the one that have the final say.

The councialitors tries to find out the cause of the conflict from the most
important to the least important.
It is the adjustment and settlement of dispute in a friendly manner. The
systematic use of assuming concialation is because of it benefit.
It is important that concilator be requested.
Rules of concialator.
1) There must be only one conciliator unless, other-wise, requested.
Each party can decide to each bring their own, then each of them would
chose one more that is going to be the head. (if the party wanted 3)\
This is the same in arbitration.

There are so many ADR institution. to propose a non-binding agreement

1) The conciliator help the party by rendering assistance to the party
2) They are to be guided in the principle of impartiality, justice and fairness
3) He is to give notice to
a) Right and of the parties
b) the
b) He
c) The
4) The conciliator has the duty to consider the settlement of dispute, even
orally.
5) The conciliator does not give any reason for his recommendation as the
is not bound to give the reason for his recommendation.
A mediator cannot suggest or recommend solution.

Roles of the parties

a party must submit to the suggestion of the conciliator.
He can come with positive suggestion that can lead to a settlement.
The conciliator is not bound by the rules of legal proceedings hat is
enforced in court
It is only when they are willing to get settlements that the whole process
becomes fruitful.
You don’t duplicate the process—because the conciliators ask whether
the matter is still in court.
 The conciliator has no specific requirement as to be a lawyer or
anything, but he must be a wise man.
ADR is not for lawyers alone.

The difference between Arbitration and litigation is that the law of

evidence of evidence does not applies to arbitration.

In mediation—
In arbitration—the partied are the ones to decide that they want to
settle things,

DISTINCTION BETWEEN, ABITRATION AND MEDIATION AND ON THE

OTHER SIDE, CONCIALTOR.

1) You don’t even speak for any of the party.

Art 1 –aplication of the rules

Art 2—commencemt o
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