Modes 1 Negotiation to ENE.pptx

Conciliation differs from arbitration in that the

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Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award. Conciliation differs from mediation in that in conciliation, often the parties are in need of restoring or repairing a relationship, either personal or business.
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The Conciliation Process The process has five stages. It is intended to be flexible and informal. The conciliator may: give advice on the case management processes. offer opinions as to the issues of factual or legal dispute between the parties; give advice about the costs implications and other non legal consequences; and ask parties to explain any decision making constraints.
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1.Preparation and Conciliator's Opening Statement The opening statement includes a brief description of the role of the conciliator and participants, the conciliation process and any ground rules. 2. Parties' Statements Each party or their representative provides a statement about the dispute from their perspective. Emerging interests, needs and options for resolution are acknowledged for use later in the conciliation.
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3. Joint Exploratory Session and Discussion The conciliator will take an active role, summarising views and options and may also discuss with the parties the strength and weaknesses of their case. The conciliator encourages parties to communicate directly with each other. The parties' interests are further clarified. This provides the basis for joint problem solving, raising options for agreement and may be followed by further joint sessions where necessary. During this stage, the parties may take a break from joint session to give lawyers instructions and consider offers or advice.
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4. Private Meetings The conciliator may hold private meetings with each of the parties. The conciliator may reality test alternatives and options and comment about potential outcomes and the strengths and weaknesses of each party's case. 5. Concluding Joint Session There may be a need for additional joint sessions. The conciliator will assist the parties to narrow the issues in dispute. The conciliator facilitates final negotiations and fine-tuning of the agreement. Alternatively, the conciliation may need to be adjourned or terminated.
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EARLY NEUTRAL EVALUATION In neutral evaluation, each party gets a chance to present the case to a neutral person called an "evaluator." The evaluator then gives an opinion on the strengths and weaknesses of each party's evidence and arguments and about how the dispute could be resolved. The evaluator is often an expert in the subject matter of the dispute. Although the evaluator's opinion is not binding, the parties typically use it as a basis for trying to negotiate a resolution of the dispute.
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Sometimes the parties to a dispute have diametrically opposed perceptions about the law affecting their dispute or the weight or effect of the documentary evidence. Where the parties will be keen to find a commercial resolution, but their
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Christopher Reinemann
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