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GUIDELINE

Guideline for Drafting Agreement Appointing Three Conciliators for Conciliation of Disputes:

This document is essential in alternative dispute resolution, specifically conciliation, when parties agree to resolve their disputes through the intervention of three conciliators. Here's a concise guide for drafting this agreement:

Title and Identification: Clearly title the document as "Agreement Appointing Three Conciliators for Conciliation of Disputes." Include names of the parties, case reference, and details of the conciliation.

Introduction and Purpose: Begin with an introduction, outlining the purpose of the agreement, emphasizing the parties' voluntary decision to engage in conciliation, and appoint three conciliators.

Identification of Parties and Conciliators: Clearly identify the parties involved and specify the names, qualifications, and roles of the three appointed conciliators.

Procedure and Timelines: Outline the conciliation procedure, including timelines for submitting statements, scheduling meetings, and reaching a conciliated settlement.

Confidentiality and Enforcement: Address confidentiality provisions, emphasizing the private and non-binding nature of conciliation. Clarify the enforceability of the resulting agreement.

Common Mistakes to Avoid:

Vague Conciliator Qualifications: Clearly define the qualifications and expertise expected from the conciliators to ensure competence in dispute resolution.

Inadequate Conciliation Procedure: Clearly outline the steps and timelines of the conciliation process to avoid ambiguity and ensure a structured resolution process.

Omission of Confidentiality Clauses: Include robust confidentiality clauses to protect sensitive information shared during conciliation, fostering a conducive environment for resolution.

Unclear Enforceability: Clarify the legal status and enforceability of the resulting settlement agreement to manage parties' expectations regarding the finality of the resolution.

Lack of Party Representation: Specify whether parties will be represented by legal counsel during conciliation sessions to avoid misunderstandings regarding representation rights.

By adhering to these guidelines and avoiding common mistakes, a well-drafted Agreement Appointing Three Conciliators for Conciliation of Disputes facilitates a structured and effective resolution process. This document is commonly used in various sectors, including commercial, labor, and contractual disputes, where parties opt for conciliation as an alternative to litigation.

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