Mediation / Conciliation
Mediation or Conciliation is a voluntary process in dispute resolution whereby a neutral third party who is independent of the parties, assists them to reach agreement, developing options for them so that they may reach this objective.
The mediator/conciliator does not impose a settlement upon the parties. He may propose a settlement if the parties so wish. His function is to assist the parties to reach a settlement. Where this fails, the mediation ends. The procedure is very flexible and the mediator/conciliator can confer with each party separately. The process could take one day or a few days at the most, or take longer, if circumstances exist to warrant an extension of time.
Under the revised Rules for Conciliation/Mediation of the Regional Centre for International Commercial Arbitration-Lagos, the mediator/conciliator may make proposals for a settlement of the dispute only at the request or with the consent of all parties.
The Director of the Regional Centre for International Commercial Arbitration-Lagos can assist in the selection or appointment of the mediator/conciliator(s).
In the Rules, the words-“mediation and “conciliation-are used interchangeably and reference to “Conciliator and “conciliation” shall include “mediator and “mediation”.
The revised Rules for Conciliation/Mediation under the auspices of the Regional Centre for International Commercial Arbitration-Lagos incorporate many of the provisions of the UNCITRAL Conciliation Rules. They may be used in both domestic and international cases where parties opt to conciliate either preliminary to arbitration, in lieu of arbitration or in the course of arbitration.
** See the Centre’s Arbitration rules for more on Mediation/ Conciliation.