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  • Writer's pictureAdministrator - Usman & Partners

Conciliation as an alternative dispute resolution in Sabah, Malaysia

Conciliation is a form of alternative dispute resolution (ADR) that involves the intervention of a neutral third party, known as a conciliator, to help facilitate the resolution of a dispute between two or more parties. Here are some key points about conciliation:

1. Role of the Conciliator: The conciliator acts as a facilitator, assisting the parties in resolving their dispute by promoting communication, understanding, and agreement. The conciliator may offer suggestions, propose solutions, and help the parties explore different options for resolution.

2. Voluntary Process: Like other forms of ADR, conciliation is a voluntary process. The parties involved must willingly participate in the conciliation process and agree to work towards finding a mutually satisfactory resolution.

3. Confidentiality: Conciliation typically involves confidentiality, meaning that the discussions, statements, and information shared during the conciliation process are kept confidential. This allows the parties to speak openly and freely without fear that their statements will be used against them later.

4. Non-Binding Nature: Conciliation is non-binding, which means that the conciliator does not have the authority to impose a decision or outcome on the parties. Instead, the goal is to help the parties reach a mutually agreed-upon resolution.

5. Flexible Process: Conciliation offers flexibility in terms of process and structure. The conciliator may conduct joint sessions with all parties present or conduct separate sessions with each party, depending on the nature of the dispute and the preferences of the participants.

6. Emphasis on Preserving Relationships: One of the primary objectives of conciliation is to preserve or improve the relationships between the parties involved. The conciliator fosters an atmosphere of collaboration and understanding, encouraging the parties to find common ground and maintain a positive working or personal relationship if possible.

7. Applicability to Various Disputes: Conciliation can be applied to a wide range of disputes, including family disputes, employment conflicts, commercial disagreements, neighborhood disputes, and more. It is particularly useful in cases where ongoing relationships or future interactions between the parties are important.

8. Admissibility in Court: Depending on the jurisdiction and applicable laws, the outcome of conciliation may or may not be admissible in court. In some cases, if a settlement is reached through conciliation, the terms may be formalized into a legally binding agreement or consent order.

Overall, conciliation offers a structured and facilitated process that promotes open communication, understanding, and collaboration between disputing parties, with the aim of reaching a voluntary resolution that satisfies the interests of all involved.

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