Event Calendar
July 1996
No announcement available or all announcement expired.

Conciliation Procedures (No. 1 Jan-96)

Lecture given by David Keane in the Museum Building, Trinity College Dublin on 10 December 1996
David Keane is a Barrister-at-Law and a Consultant to Keane Murphy Duff, Architects. He is the President of the RIAI for 1996/1997. He is the author of two books:

  1. The RIAI Contracts
  2. A Working Guide Building and the Law

The lecture gave a clear description of the procedures involved in conciliation. Some of the key points noted are:

  • High Court actions can cost £20,000 per day
  • Arbitration processes have been hijacked by lawyers – hence are costly
  • Conciliation is informal, casual, non-binding and non-adversarial
  • Parties submit their problem on no more than one A4 sheet
  • Nothing written in the conciliation can be used in future court cases
  • The Conciliator cannot be sub-poenad
  • The Conciliator shuttles between the parties to bring them together, getting to the core of the problem and dropping trivia
  • The Conciliatior does not reveal the core issues to either party
  • The process does end with a written agreement which may be accepted or rejected within a limited period (10 days)
  • More than two parties may be involved in the conciliation

The advantages of conciliation:

  • does not leave a ‘bad taste’ between parties
  • there are no winners/losers with respect to costs
  • the agreement can be a ‘face saver’
  • relationships are preserved

The success rate is very high.

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