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Mediation
and Conciliation Clause
“The
parties agree to submit any litigation relating to the present
contract to a mediator or a conciliator appointed by the President
of Tunis Center for Conciliation and Arbitration, and in
accordance with the rules of the center”.
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The
Conciliator
The Center appoints neutral, competent and qualified Conciliator. He /
She is guided by principles of impartiality and equity. The conciliation
tries to reach a solution accepted by parties.
Tunis Center
of Conciliation and Arbitration enhances the use of conciliation or mediation
as a flexible mean to help parties reconcile differences by performance
of a conciliator.
Any litigation can be subjected to mediation or conciliation through a
mediator or conciliator appointed by the Center at a written request addressed
to the Center by a party.
Conciliation proceedings
The request for conciliation addressed to the Center should contain a
detailed description of the litigation, the subject of the demand and
relevant documents.
The Center notifies the other party and gives it a deadline of ten days
to indicate whether it accepts or not the conciliation procedure. In case
of acceptance, the Center appoints immediately a conciliator to carry
out the conciliation mission.
The procedure of conciliation is secret and confidential, and ends with
either a binding agreement settling the dispute, a failure of the conciliation
procedure or the decision of parties or one of the parties to put an end
to the conciliation procedure.
A neutral conciliator tries to bring closer positions of parties and proposes
solutions without influencing them. Statements of parties cannot be used
later in case of the failure of the conciliation. The procedure of conciliation
is simple and rapid.
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