The powers of the conciliators are conferred by statutes In Hong Kong there are

The powers of the conciliators are conferred by

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- The powers of the conciliators are conferred by statutes. - In Hong Kong there are some statutory conciliators in Labour Tribunal, Ombusman and Equal Opportunities Commission. d) Mini -Trial : a process whereby a neutral third party brings together senior decision makers from each disputant to hear presentations of the case by more junior representatives of the parties or their respective legal representatives and helps the disputants to negotiate a resolution in private. - This is used mainly in large organizations where the senior decision makers may not be aware of the real situation and the subordinates may not be aware of the needs and priorities of the organization. B. “Judgmental” Dispute Resolution includes: a) Adjudication or Expert Appraisal : a process whereby the disputants present their cases to an independent expert who then evaluates the evidence according to the relevant law, rules, contract, practice etc. to be applied appropriately in this case and to give a confidential opinion on the likely outcome of the case if it goes to court or arbitration. - The disputants agree before hand whether they will be bound by the opinion of the expert. - The adjudication or the expert appraisal may be subject to certain process or rules of evidence depending on previous arrangement and the circumstances of appointment. - The adjudicator may be one who is appointed by the parties under The Construction Act 1998 in the 2
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United Kingdom where it is now mandatory that in construction disputes parties have a right to adjudication. The adjudicator may be a surveyor or project manager who will take the initiative in ascertaining the facts and the law pertaining to the dispute. His decision is binding on the parties in the interim until further decision by a court of law or arbitration. - The Labour Tribunal in Hong Kong acts as an adjudicator. Their decisions may be subject to appeal to higher courts. b) Arbitration : a dispute resolution process in which one or more neutral third parties hears the evidence and arguments of each disputant and makes a decision for them. - Most countries have legislation regarding arbitration and have signed the 1958 New York Convention covering enforcement of awards internationally. There are 92 countries under the same treaty in 1990. - Disputants present their cases and rebut their opponent’s case in front of the arbitrator(s) who decide according to the law and any contract between the parties. The outcome is a win/lose situation and it is not based on any precedent. - The decision of the arbitrator is legally binding and often without any right to appeal to the court of law. The rare exception to appeal is due to the misconduct of the arbitrator. - Rules of evidence used in arbitration depend on the prior agreement of the parties. It may be the same as the legal process and may even be more costly and lengthy.
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