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Conciliation Rules

Translation of the GMAA Conciliation Rules

(In case of doubt, the German version prevails.)

 

INDEX

§ 1    Appointing the Conciliator
§ 2    Duty of Disclosure of the Conciliator
§ 3    Impartiality and Confidentiality of the Conciliator
§ 4    Agreement with the Conciliator
§ 5    Process
§ 6    Duration
§ 7    Proposals of the Conciliator
§ 8    Agreement
§ 9    End of the Process
§ 10  Suspension of Time Limits
§ 11  Suspension of other Proceedings
§ 12  Appointment as Arbitrator
§ 13  Witnesses
§ 14  Confidentiality
§ 15  Documents
§ 16  Conciliator Fees


 
§ 1 Appointing the Conciliator

The conciliator is appointed by both parties. Upon request by either one or both parties, the Chairman of the Board of GMAA shall suggest to the parties one or more conciliators for them to choose from.
 
§ 2 Duty of Disclosure of the Conciliator

Prior to accepting appointment by entering into a conciliation agreement in accordance with § 4, the conciliator shall disclose to the parties all circumstances which may reasonably justify doubts as to his impartiality. He shall do the same with respect to all such circumstances arising after his appointment.
 
§ 3 Impartiality and Confidentiality of the Conciliator

The conciliator is bound to observe impartiality and confidentiality.
 
§ 4 Agreement with the Conciliator

The conciliator shall enter into a conciliation agreement with the parties which should deal with the following points:
 
4.1 Identification of the parties, their legal representatives and appointed representatives.
4.2 Description of the dispute.
4.3 Agreement on the place of the conciliation and language of the conciliation process.
4.4 The time by which the conciliation is to have been completed.
4.5 The applicability of these Rules of Conciliation and any changes or additions to these Rules.
4.6 Amount of the conciliator’s fee and time when its payment is due.
 
§ 5 Process

The conciliator shall conduct the conciliation process as he thinks fit, taking the parties’ wishes into account. Once the conciliation agreement in accordance with § 4 has been entered into, the conciliator may request the parties to provide short written statements regarding the subject-matter of the dispute and the issues in dispute. The conciliator may request additional written statements at any time.
 
§ 6 Duration
 
The conciliation process shall be conducted swiftly. The parties shall provide to the conciliator without delay all information and documents requested by him.
 
§ 7 Proposals of the Conciliator
 
The conciliator may at any stage of the conciliation process make proposals for the resolution of the dispute. Reasons for such proposals need not be given.
 
§ 8 Agreement
 
Should the conciliation process lead to an agreement on the settlement of the dispute, the parties shall record their agreement in writing.
 
§ 9 End of the Process
 
The conciliation process ends if it has not led to a written settlement agreement in accordance with § 8 within the time specified at § 4.4 or if the conciliator or one of the parties notifies the parties or the other party and the conciliator that the conciliation has failed.
 
§ 10 Suspension of Time Limits
 
During the period between the entering into of the conciliation agreement in accordance with § 4 and the date which is two months after the end of the conciliation process in accordance with § 9, the running of time with respect to claims forming part of the subject-matter of the conciliation process shall be suspended to the extent allowed by the applicable law.
 
§ 11 Suspension of other Proceedings
 
During the period between the entering into of the conciliation agreement in accordance with § 4 and the end of the conciliation process in accordance with § 9, the parties shall not commence legal proceedings, including arbitration, for claims forming part of the subject-matter of the conciliation process. If such proceedings have already been commenced at the time the conciliation agreement is entered into in accordance with § 4, the parties shall apply to have those proceedings stayed to the extent the applicable procedural law allows this. Interim measures of protection are excepted from this provision.
 
§ 12 Appointment as Arbitrator
 
The conciliator shall not accept appointment as arbitrator in an arbitration which relates in whole or in part to the subject-matter of the conciliation process.
 
§ 13 Witnesses
 
The parties shall not name the conciliator as a witness of fact in any subsequent legal proceedings, including arbitration, with respect to matters disclosed to him during the conciliation process.
 
§ 14 Confidentiality
 
The parties shall further observe confidentiality with respect to statements made during the conciliation process and with respect to documents and other evidence submitted by the other party during the conciliation process. A party shall only be entitled to make use of these in any subsequent legal proceedings, including arbitration, insofar as he obtained knowledge or possession of them independently of the conciliation process or insofar as the other party has agreed to their use.
 
§ 15 Documents
 
After the conciliation process has come to an end, the parties shall return exchanged documents to each other and destroy copies and records taken for the conciliation process.
 
§ 16 Conciliator Fees

Absent any agreement to the contrary, the following shall apply with respect to the fee of the conciliator:
 
16.1 The conciliator shall be entitled to a reasonable fee and to reimbursement of disbursements.
16.2 If no agreement is reached with respect to a reasonable fee, this will be fixed by the Chairman of the Board of the GMAA in his discretion upon request of either of the parties or of the conciliator.
16.3 The conciliator shall be entitled to a reasonable advance on costs.
16.4 The parties are jointly and severally liable towards the conciliator.
 
[Version from 17 November 2005]