Conciliation as an alternative solution of dispute resolution
The principle is that resorting to the judiciary is a right established for all members of society, as it is the natural way to demand rights and resolve all disputes that arise between parties, which is to compel persons (natural or legal) to appear before the court by order of its judge, and when the judgment is issued; enforcement comes by the public authorities forcibly when necessary, because the judiciary is one of the manifestations of state sovereignty, so it is the owner of the inherent right to adjudicate in all cases presented to it without discrimination, but when resorting to arbitration; it doesn’t include all topics, and it’s not a right established for all people. There are some issues or cases in which it’s not permissible to resort to arbitration, such as crimes and everything that violates public order, and the law expressly states that it’s not permissible to arbitrate and conciliate, so it is not permissible to settle disputes arising from it.
The speed of economic development and the information revolution has called for the necessity of resorting to compromise for resolving disputes as quickly as possible to preserve effort and time, and to ensure the continuity of commercial transactions, both local and international, in an accelerated manner that guarantees rights and keeps pace with the progress.
Conciliation: according to the rules of conciliation and arbitration issued by the Qatar International Center for Conciliation and Arbitration, which are valid on 1/5/2012.
Definition: It’s any process, whether referred to by the term conciliation, mediation, or any other term with the same meaning, in which the parties request another person or other persons to assist them in reaching an amicable settlement of the dispute.
Conciliator: It is a single person or body composed of two or more conciliators.
Parties: The parties to the dispute, whether they are two or more.
Applying for conciliation:
The party who intends to start the conciliation procedures shall submit a request to that effect with the Qatar Arbitration and Conciliation Center, in which it shall briefly specify the subject of the dispute, and the center shall send it to the other party within one week from the date of submitting the request.
Conciliation procedures begin on the day the center receives the written acceptance of the other party to participate in the conciliation procedures. If the center doesn’t receive a response within two weeks from the date of sending the invitation or during any other period specified therein, or if the other party announces the rejection of the invitation, there will be no conciliation procedures.
The conciliator may conduct the conciliation procedures in the manner he deems appropriate, considering the circumstances surrounding the subject of the dispute, the wishes of the parties, and the need for a quick settlement of the dispute.
In all cases, the conciliator is guided by the principles of objectivity, fairness, and justice treats the parties on an equal footing, and provides each party a full and equal opportunity to present the dispute.
The conciliator may, at any stage of the conciliation, submit proposals to settle the dispute.
The conciliator shall make every effort to reach a settlement of the dispute within the agreed period. If a specific period is not specified, the conciliator shall perform his mission within a maximum period of three months unless the parties agree to extend the period.
Completion of conciliation procedures:
Conciliation procedures shall be terminated in any of the following cases:
1/ If the parties sign a settlement agreement.
2/ If the conciliator, after consulting with all parties, issues a written statement indicating that there is no justification for further efforts to conciliation.
3 / If all parties issue a written declaration addressed to the center and the conciliator stating the termination of the conciliation procedures.
4/ If one of the parties issues a written declaration addressed to the Centre, the Conciliation Commission, and the other parties stating that the conciliation procedures have been terminated.
Conciliation and Mediation:
Mediation or conciliation means that the individual or individuals mediate and conciliate between the conflicting parties at the request of the disputing parties by submitting a proposal or an offer to settle and resolve their dispute, while leaving the parties free to accept or reject it, so the mediator or conciliator is not important That his intervention is based on the desire and agreement of the parties, it is possible that his intervention is spontaneous, as his role is limited to providing an unnecessary and binding recommendation to the parties, and the role of the mediator is limited to providing assistance and solutions and bringing people closer together to reach a solution.
The difference between conciliation and arbitration:
Conciliation brings the points of view closer between the parties to reach an agreement between the disputants in an amicable manner. The person authorized to issue it is neither binding nor final except with the consent and consent of the parties, unlike the arbitration decision, which is final and binding on the parties, except in the event of its cancellation through an appeal for nullity that is submitted to the competent court.
It is worth noting that the conciliator may not act as an arbitrator in a dispute that has been subject to conciliation procedures or in another dispute that may arise from the contract itself or from the legal relationship of any contract or legal relationship related to it unless the parties agree otherwise.
Author: MR. MOHANAD BABIKER\ Senior Legal Consultant