The conciliation or arbitration is a system of extra-judicial dispute resolution where the parties themselves resolve the conflict (self-composition) completely peaceful with the help of a third party which may be a natural person or a conciliation center or even the same court in certain cases. In conciliation
third party assists and helps them find a solution to their conflict and formulas proposed arrangement, of course, are not binding on the parties. This process is based on confidentiality and good faith with the parties come to it. The conciliator should hear the statement made by the parties to the dispute, explain the procedure of conciliation to the parties, assisting them in exchanging information, helping them to define the points of conflict and suggest proposals for settlement of the dispute.
If there is a good agreement is drawn up an act, this act has the value of sentence.
5.1. BENEFITS OF THE SETTLEMENT
The benefits of conciliation on the regular court system are:
a) Duration : We know the traditional delay of court proceedings due to the low number of judges, the large number of incidents , Resources, Annulments, exceptions and other means available to litigants to prevent the prompt decision of the dispute. In contrast, the grievance procedure is brief and, therefore, the conflict can be solved almost immediately.
b) Efficiency : The solution of the dispute to the center conciliation or conciliatory, and conciliators is done efficiently and that the procedure is limited to hearing the parties, their points of view, questioning about the facts, examine the evidence provided and to suggest or propose solutions that the parties may or not accept.
c) Easy access : The existence of the centers of conciliation and reconciliation in equity in legal clinics or neighborhood centers, allowing easier access to a dispute settlement mechanism. This represents an advantage because the access to justice requires the submission by counsel and the payment of court costs by the losing party to the litigation.
d) Satisfaction of Both Parties : The settlement allows the parties involved in resolving a dispute. This means that there is a winner and a loser as in judicial proceedings unless both parties are winners.
d) Greater flexibility : Reconciliation has a flexible procedure that can be modified if there is agreement between the parties and the conciliator, and, instead of court proceedings are strict and can not be changed because the procedural rules are public order and, therefore, close observation of both even the judge and the parties.
e) Increased capacity : Reconciliation requires training of the facilitators to enable them to conduct conciliation proceedings with seriousness, promptness, knowledge, objectivity and professionalism.
The success of the settlement depends on the quality of the facilitators and the willingness of the parties to resolve their disputes.
5.2. Settlement Class
laws in all commercial balance there is a mechanism by which the parties between whom there is a conflict susceptible transaction originated from a commercial business and derivative trading activities, try to resolve the dispute or the assistance of a third expert who proposed the compromise formulas to resolve the dispute and prevent it from reaching the civilian courts.
This procedure is simple and brief. It begins with a petition which states the name and address of the parties, the differences, the objectives of conciliation and proof of payment for the rights to the center of commercial arbitration and conciliation. Then summon the parties and becomes a conciliation meeting ending a record that includes the total or partial agreement stated that any agreement was reached.
As you can see, for an employer's trade balance is a useful alternative to recover outstanding debt cancellation to the extent that this process is faster and causes less personal inconvenience to the parties.
third party assists and helps them find a solution to their conflict and formulas proposed arrangement, of course, are not binding on the parties. This process is based on confidentiality and good faith with the parties come to it. The conciliator should hear the statement made by the parties to the dispute, explain the procedure of conciliation to the parties, assisting them in exchanging information, helping them to define the points of conflict and suggest proposals for settlement of the dispute.
If there is a good agreement is drawn up an act, this act has the value of sentence.
5.1. BENEFITS OF THE SETTLEMENT
The benefits of conciliation on the regular court system are:
a) Duration : We know the traditional delay of court proceedings due to the low number of judges, the large number of incidents , Resources, Annulments, exceptions and other means available to litigants to prevent the prompt decision of the dispute. In contrast, the grievance procedure is brief and, therefore, the conflict can be solved almost immediately.
b) Efficiency : The solution of the dispute to the center conciliation or conciliatory, and conciliators is done efficiently and that the procedure is limited to hearing the parties, their points of view, questioning about the facts, examine the evidence provided and to suggest or propose solutions that the parties may or not accept.
c) Easy access : The existence of the centers of conciliation and reconciliation in equity in legal clinics or neighborhood centers, allowing easier access to a dispute settlement mechanism. This represents an advantage because the access to justice requires the submission by counsel and the payment of court costs by the losing party to the litigation.
d) Satisfaction of Both Parties : The settlement allows the parties involved in resolving a dispute. This means that there is a winner and a loser as in judicial proceedings unless both parties are winners.
d) Greater flexibility : Reconciliation has a flexible procedure that can be modified if there is agreement between the parties and the conciliator, and, instead of court proceedings are strict and can not be changed because the procedural rules are public order and, therefore, close observation of both even the judge and the parties.
e) Increased capacity : Reconciliation requires training of the facilitators to enable them to conduct conciliation proceedings with seriousness, promptness, knowledge, objectivity and professionalism.
The success of the settlement depends on the quality of the facilitators and the willingness of the parties to resolve their disputes.
5.2. Settlement Class
- Conciliation court voluntarily.
- compulsory conciliation as a preliminary stage before starting the process.
- compulsory conciliation as a first step in the process.
- Conciliation and bilateral voluntary act of the parties.
laws in all commercial balance there is a mechanism by which the parties between whom there is a conflict susceptible transaction originated from a commercial business and derivative trading activities, try to resolve the dispute or the assistance of a third expert who proposed the compromise formulas to resolve the dispute and prevent it from reaching the civilian courts.
This procedure is simple and brief. It begins with a petition which states the name and address of the parties, the differences, the objectives of conciliation and proof of payment for the rights to the center of commercial arbitration and conciliation. Then summon the parties and becomes a conciliation meeting ending a record that includes the total or partial agreement stated that any agreement was reached.
As you can see, for an employer's trade balance is a useful alternative to recover outstanding debt cancellation to the extent that this process is faster and causes less personal inconvenience to the parties.
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