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GIDI International Conciliation is an ad hoc, cooperative, non-adversarial process which seeks to clarify and offer resolutions to disputes by the intervention and assistance of an impartial conciliator, who may make non-binding recommendations to the parties which they can accept or reject. This intervention is based on diplomacy and specifically designed to examine the issues in a confidential and informal setting. The recommendations of the conciliator need not be based on any particular legal principles and can be purely factual.
Although the process is entirely voluntary and confidential, and the parties are free to accept or reject any of the conciliators proposals or recommendations the GIDI process provides that, in the event of a voluntary mutual agreement, the conciliation process can be converted into a legally binding agreement that will be enforceable internationally.
The process is informal and designed to reduce conflict and offer the parties non-controversial resolutions to the dispute. For these reasons, it is not necessary for the parties to be legally represented and they may represent themselves although legal representation is permitted when mutually agreed between the parties.
GIDI International Conciliation differs from mediation in so far as the latter can be an adversarial process where the scope of the process is defined by the parties themselves.
GIDI Conciliation Rules
- Scope of application
- These Rules shall govern all conciliations where an agreement to submit to conciliation refers to the Conciliation Rules of GIDI or where parties agree to apply these rules.
- Unless the parties have agreed otherwise, this version of the Rules shall apply to all conciliations in which the request for conciliation pursuant to Article 2 of the Rules is submitted to the Secretariat on or after the date of coming into force.
- The party requesting a conciliation (the requesting party) shall submit a request for conciliation to GIDI (the request) in English, German, French, Italian or a Chinese language.
- Request for conciliation
The Request shall include:
- The names, addresses, telephone numbers, fax numbers (if any), e-mail addresses and other contact details for appropriate electronic communication (if any) of the parties and their counsel (if any), as well as a copy of the counsel’s Power-of- Attorney;
- a copy of the agreement to submit to conciliation or relevant conciliation clause in an existing agreement (if any);
- A short description of the dispute or issue, and an estimate of any amount in dispute;
- A joint designation of the conciliator, or a description of any desired qualifications of the conciliator; GIDI may at the parties’ request and with the agreement in writing of all parties appoint either a single or, alternatively, to joint conciliators.
- Conduct of the Conciliation
- The conciliator/s shall write to the parties within seven days of the parties signing and serving the conciliation agreement on GIDI.
- The conciliator/s shall give such directions as are required for the conduct of the conciliation.
- If any party wishes to appoint any agent or representative to represent it in the conciliation shall give the conciliator and the other parties are written notice of the appointment as soon as possible.
- As early as possible after the request for conciliation, the conciliator/s shall ascertain the views of the parties regarding the procedure to be adopted, including the language or language is to be used in the conciliation.
- The documents or evidence that the parties wish to present to the conciliation.
- Whether the parties wish to make any written or oral submissions.
- The time limits for submission of documents and making submissions.
- In order to bring about an agreement or settlement between the parties the conciliator/s may, from time to time at any stage of the conciliation, make orally or in writing recommendations to the parties.
GIDI Conciliation Agreement – Model conciliation agreement when parties are already involved in a dispute.
The parties hereby agree to submit the following dispute to mediation in accordance with the GIDI Conciliation Rules:
The seat of the. conciliation shall be … [city] in … [country], although the meetings may be held in … [city] in … [country] or remotely as the parties may agree
The conciliation shall be conducted in … [specify desired language/s].
List names of the parties and authorised representatives (if any)
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