Our Services:

• Representation in Conciliation Sessions: We represent parties in conciliation, ensuring that their interests are safeguarded while facilitating an amicable resolution.
• Drafting of Conciliation Agreements: Our firm drafts and finalize comprehensive conciliation agreements that are legally binding and enforceable.
• Pre-Conciliation Consultation: We offer expert legal advice on whether conciliation is the best route for your case.
• Training & Consultation for Corporate Entities: We provide training and consultation services to businesses on how to integrate conciliation into their dispute resolution processes.
• Guidance on Legal and Procedural Matters: Advising clients on the rights and obligations during conciliation proceedings.

Types of Conciliation:

• Facilitative Conciliation: The conciliator facilitates communication between the parties without offering opinions.
• Evaluative Conciliation: The conciliator actively assesses the merits of the case and may suggest solutions.
• Transformative Conciliation: Focuses on improving relationships between the disputing parties.
• Voluntary Conciliation: Where both parties agree to enter into conciliation willingly.
• Mandatory Conciliation: Certain legal frameworks may require conciliation before moving forward to formal legal processes (e.g., labor disputes).
• Family Law Conciliation: Common in family disputes, especially in divorce, custody, and property distribution matters.
• Commercial Conciliation: Used for resolving disputes in business transactions, contractual breaches, and partnership disagreements.
• Employment Dispute Conciliation: Often used to resolve disputes between employees and employers over issues like wrongful termination, harassment, and wage disputes.

Procedures

1. Initiation: One party requests conciliation either through a formal agreement or by mutual consent. The conciliation process in Pakistan can be initiated by individuals, companies, or even through contractual obligations (in cases where ADR clauses exist).
2. Appointment of Conciliator: The parties either mutually agree on a conciliator or one is appointed by a third party (such as an ADR center). The conciliator plays a neutral role, facilitating communication between the disputing parties.
3. Gathering Information: The conciliator may collect relevant documents and facts.
4. Submission of Statements: Each party submits a statement of facts and issues in dispute.
5. Conciliation Meetings: The conciliator arranges joint and separate meetings with the parties to better understand their positions and interests. Discussions focus on finding a middle ground and identifying acceptable solutions.
6. Proposal of Solutions: The conciliator may suggest compromises for the parties to consider.
7. Formulating an Agreement: If the parties reach an agreement, the conciliator helps formalize the terms. This agreement is then signed by both parties and has the same enforceability as a court decree, provided it is made in writing and voluntarily.
8. Conclusion: If conciliation is successful, the case ends here. If not, the parties may choose another ADR method or proceed to litigation.

Important Data:

• Conciliation tends to have a higher success rate than mediation, often due to the conciliator’s proposals.
• Conciliation can take several sessions to achieve a resolution.

Relevant Laws

• The Arbitration Act, 1940: Contains provisions relevant to conciliation.
• The Code of Civil Procedure, 1908 (Section 89-A): Encourages courts to refer disputes to ADR, including conciliation.
• The Alternative Dispute Resolution Act, 2017: Provides a framework for ADR in Pakistan, including conciliation procedures.
• The Arbitration and Conciliation Ordinance, 1966