Alternative Dispute Resolution (ADR) is an umbrella term for non-judicial processes in which an impartial person (ADR Practitioner) assists a parties.
In conciliation, a conciliator (engaged to assist the parties in a similar way to a mediator) is permitted to advice on the content of the dispute or outcome of its resolution but does not have a determination role. The aim of conciliation is to reduce adversity and to advance a timely and cost effective solution.
GLOMAC conciliations are conducted in accordance with the GNAAP Rules on conciliation in accordance with the Alternative Dispute Resolution ADR Act 2010 (Act 798).
Filing of Case
GLOMAC shall be provided with three copies of statement of claim together with conciliation agreement (if any) setting out:
a. the nature of dispute;
b. how the dispute arose; and
c. the remedy sought
i. GLOMAC case filing fee (non-refundable) and administrative fee must be paid for the matter to proceed.
ii. Generally administrative fees (accountable) are payable by the two parties, although one may offer to pay the whole amount for the matter to move forward.
iii. An initial deposit shall be paid jointly by the parties before the commencement of the conciliation after selection of the conciliator(s).
Notice to parties:
a. Any notice, including a notification, communication or proposal, is received if it is physically delivered to the addressee or if it is delivered at the addressee’s habitual residence, place of business or mailing address, or, if none of these can be found after making reasonable inquiry, then at the addressee’s last-known residence or place of business and notice is deemed to have been received on the day it is delivered.
b. A notice required to be given may be given by telephone, WhatsApp, e-mail or any other means of electronic communication.
c. A notice given through telephone or any other verbal mode permitted shall be confirmed in writing which shall state the names, addresses (including e-mail addresses) and telephone numbers of the parties.
d. Failure to confirm a notice in writing does not invalidate the proceedings.
Selection of Conciliator(s):
Provision of Panel: Based on the materials provided by the parties, GLOMAC will provide the parties with a list of qualified conciliators, including copies of their CVs and information relating to fees.
Parties’ list of preferences:
Within seven days of receiving these details, the parties will separately provide GLOMAC with a list setting out their order of preference with respect to the proposed conciliators. Any concerns about unsuitable candidates may also be expressed to GLOMAC at this point.
If a preferred conciliator can be identified from the lists provided to the parties then GLOMAC shall appoint that person.
Appointment of conciliator:
i. GLOMAC on receipt of a submission shall appoint a qualified person registered with GLOMAC to serve as a conciliator in the dispute.
ii. Where the parties name a conciliator or specify a method of appointing a mediator in an agreement, GLOMAC shall appoint the person named or follow the specified method.
iii. Unless the parties agree otherwise, GLOMAC shall appoint only one person to serve as conciliator.
Preparation: The conciliator will discuss the relevant preparation steps with the parties. The parties may confer with each other and the conciliator, at a preliminary meeting (if required) to determine what further steps needs to be taken.
Conduct of the proceedings:
The conciliation will be at a date, time and place agreeable to the parties and the conciliator. If the party is an individual, that individual must attend. If the party is a company, a representative authorized by the company must attend. Parties are entitled to bring a legal representative. In the course of the conciliation, the parties may also meet separately with the conciliator. Information revealed in the sessions will not be revealed to the other side unless otherwise agreed. All attendees of the conciliation must sign a confidentiality agreement.
Enforcement: The conciliator does not have the authority to impose a settlement on the parties, but will attempt to help them reach a satisfactory resolution of the dispute.
In the event that one or more of the disputed issues is, or are, settled, the parties may enter into a settlement agreement in writing and signed by all parties and becomes binding.