Conciliation is an alternative dispute resolution process whereby the parties to a dispute refer a dispute to a conciliator. The conciliator generally meets with the parties both separately and together in an attempt to resolve their differences.
The Standard Irish Forms of Building Contract provides conciliation as a dispute resolution process (as per the example above). Whilst arguably it is likely that the commencement of the adjudication procedure, under the Construction Contracts Act 2013, will reduce conciliation, it still provides a useful procedure to settle parties differences. Each party is responsible for their own costs and are jointly and severally liable for the cost of the conciliator.
Having acted in several conciliation hearings, over the past 16 years, we can help you prepare and present your claim (or defend it as the case may be) during the conciliation hearing.
Appointments as Conciliator
Mark Etherington is on the Society of Chartered Surveyors Ireland (“SCSI”) conciliation panel and can act as a conciliator.
Mark is an acting Standing Conciliator under the GCCC form of contract and can assist as a party-appointed representative on the Project Board.
If both parties are willing to engage, conciliation offers the ability of introducing an independent third party to facilitate discussion, or alternative make a recommendation on the merits of the case.