Submission of Disputes to Conciliation
- Parties may submit construction disputes to conciliation when:
- Pursuant to a conciliation agreement;
- When a party requests CIAC’s conciliation services for a dispute not yet under court or arbitration settlement;
- When both parties request conciliation before or during arbitration or litigation proceedings.
- The term "mediation" in agreements is synonymous with "conciliation".
Commencement of Conciliation Proceedings
- The claimant must file a Request for Conciliation with CIAC containing key details (dispute nature, parties, amount, relief sought).
- Required administrative and conciliation fees must be paid.
- Claimant nominates at least three CIAC-accredited conciliators.
- Third parties may refer disputes to CIAC, triggering a preliminary meeting.
- The Secretariat notifies the respondent, who has 15 days (or extended time) to accept or decline participation.
- Upon respondent’s acceptance, conciliation proceedings officially commence.
Situations Preventing Conciliation
- No reply or refusal from respondent within the allowed time results in CIAC informing the claimant that conciliation cannot proceed.
Conciliation Agreement
- When both parties agree to conciliation, they must sign a conciliation agreement to formalize the process.
Number and Appointment of Conciliators
- Default is one conciliator unless parties agree otherwise.
- CIAC appoints the conciliator who is a common nominee or, absent that, selects an accredited conciliator with suitable expertise not nominated by parties.
Submission of Documents
- Parties may submit documents, reports, position papers, and witness affidavits to the conciliator by mutual agreement.
Representation in Proceedings
- Parties may be represented or assisted by persons of their choosing.
- Representatives’ identification must be communicated to all parties and the conciliator.
- Lawyer presence is not mandatory in conciliation.
Role and Conduct of the Conciliator
- Guided by principles of objectivity, fairness, and justice considering parties’ rights, usage of trade, and circumstances.
- May adopt appropriate methods and means to conduct proceedings, respecting party wishes and striving for expeditious settlement.
- Can propose or encourage settlement options.
- May arrange administrative support with parties’ consent.
- Interviews with parties and witnesses may be joint or separate.
- Formulates possible settlement terms and revises them based on parties’ feedback.
Settlement Agreement
- If parties agree to settle, the conciliator assists in drafting a settlement agreement.
- Parties’ signing constitutes a binding and final resolution of the dispute.
Confidentiality of Proceedings
- All conciliation proceedings are confidential.
- Only parties, authorized representatives, and witnesses may be present.
- Ex-parte communications and submitted documents remain private unless consented for disclosure.
- No recordings; conciliator may take notes.
- CIAC Secretariat keeps minimal records, returning all other documents to parties.
- Statements, admissions, proposals, or willingness regarding settlement during conciliation are inadmissible as evidence in later proceedings.
Termination of Conciliation Proceedings
- Proceedings end when:
- Parties settle and sign an agreement.
- Parties agree conciliation failed, with encouragement to submit to arbitration.
- One or both parties refuse further meetings.
- The conciliator submits a brief report to CIAC including any agreements and returns all submitted materials to parties.
Disqualification Rules
- A person who served as arbitrator cannot serve as conciliator for the same dispute and vice versa.
- Conciliators cannot be witnesses in subsequent related proceedings nor divulge conciliation details.
Accreditation of Conciliators
- All CIAC-accredited arbitrators are automatically accredited for conciliation.
- CIAC may accredit additional conciliators and set qualification standards.
These Rules aim to provide a fair, friendly, expedited, and confidential process for resolving construction disputes outside of formal arbitration or litigation, fostering harmony in the construction industry.