Conciliation is an extrajudicial procedure aimed at an amicable resolution of the conflict.
The conciliator helps the parties reach an agreement that satisfies the interests and needs of both.
Conciliation is a voluntary procedure and can only be carried out, upon an express declaration of the parties involved, and may, at any time, be interrupted or terminated by the will of the intervening parties.
Conciliation is a dispute resolution mechanism in which the parties build, together with the conciliator, a decision for the dispute that opposes them.
All those involved in the conciliation process undertake to maintain absolute confidentiality of all information they become aware of during the sessions.
Free and independent procedure
Before accepting or adopting a solution proposed by the conciliator, the parties will be informed that:
- They can accept, refuse or adopt the proposed solution;
- Participating in the ADR procedure does not prevent them from turning to the competent courts to resolve the dispute;
- The solution proposed within the scope of conciliation may be different from a solution obtained by judicial means that applies the rules in force;
- Legal effects arise from the eventual acceptance or adoption of the proposed solution.
The parts have a reasonable period of time to reflect, before giving their consent to the proposed solution or an amicable agreement.
The agreement that may be reached binds the parties on the same terms as a contract.
The agreement that puts an end to the dispute may be submitted for ratification by the arbitrator of the Center, upon written request from both parties, under the terms of the CAUAL Regulation, being, in this way, given executive force.