Analyze the Process of Conciliation in Alternate Dispute Resolution (ADR)
Analyze the Process of Conciliation in Alternate Dispute Resolution (ADR). Ø Process of Conciliation under the Arbitration and Conciliation Act 1996. Part 3 of the Arbitration and Conciliation Act 1996 discusses the process of conciliation, which is an alternative method of resolving disputes outside of court. Conciliation is governed by the provisions outlined in the Arbitration and Conciliation Act, 1996 (26 of 1996), as defined in Wharton’s Law Lexicon. 1. Step 1: Commencement of Conciliation Proceedings Section 62 of the Act addresses the initiation of conciliation proceedings. To begin the process, one party must send a written invitation to the other party. The conciliation proceedings can only proceed if the other party accepts the invitation. If no response is received within 30 days of sending the invitation, it will be deemed non-acceptance. 2. Step 2: Appointment of Conciliators Once the parties have agreed to engage...