PART 2
CONCILIATION
1. Any dispute between parties may be submitted to conciliation by unilateral or joint application of the parties.
2. The parties may agree to exclude or vary these paragraphs at any time.
3. The party seeking conciliation shall send to the other party a written invitation to conciliate under these paragraphs, briefly identifying the subject matter of the dispute.
4. Conciliation proceedings shall commence when the other party accepts the invitation to conciliate. Acceptance should be in writing.
5. If the other party rejects the invitation, there will be no conciliation proceedings.
6. If the party initiating the conciliation does not receive a reply within 14 days from the date on which he or she sends the invitation, or within such other period of time as specified in the invitation, he may elect to treat this case as a rejection to conciliate. If he or she so elects he or she must inform the other party accordingly.
7. There shall be one conciliator unless the parties agree that there shall be two or more conciliators. Where there is more than one conciliator, they ought, as a general principle act jointly.
8. (a) In conciliation proceedings with one conciliator, the parties shall endeavour to reach agreement on the appointment of a sole conciliator;
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(b) In conciliation proceedings with two conciliators, each party appoints one conciliator;
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(c) In conciliation proceedings with more than 2 conciliators, each party appoints one conciliator and the others appointed jointly by the two conciliators.
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(2) The parties may enlist the assistance of the Commission or ECTEL in connection with the appointment of conciliators. In particular -
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(a) a party may request the Commission or ECTEL to recommend the names of suitable individuals to act as conciliators;
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(b) the parties may agree that the appointment of one or more conciliators be made by the Commission or ECTEL.
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In recommending or appointing individuals to act as Conciliators, the Commission or ECTEL shall have regard to such considerations as are likely to secure the appointment of an independent and impartial conciliator.
9. The conciliator, upon his or her appointment, shall request each party to submit to him or her brief written statement describing the general nature of the dispute and the points at issue. Each party shall send a copy of his or her statement to the other party.
10. The conciliator may request each party to submit to him or she a further written statement of his or her position and the facts and grounds in support thereof, supplemented by any documents and other information that such party deems appropriate. The party shall send a copy of this further written statement to the other party.
11. At any stage of the conciliation proceedings the conciliators may request a party to submit to him or her such additional information, as he or she deems appropriate.
12. The parties may be represented or assisted by persons of their choice. The names and addresses of these persons shall be communicated in writing to the other party and to the conciliator; such communication is to specify whether the appointment is made for purposes of representation or assistance.
13. (1) The conciliator shall assists the parties in an independent and an impartial manner in their attempt to reach an amicable settlement to their dispute.
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(2) The conciliator shall be guided by principles of objectivity, fairness and justice giving consideration to, among other things, the rights and obligations of the parties, the business of the telecommunications industry and the circumstances surrounding the dispute, including any other previous business relationship between the parties.
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(3) The conciliator may conduct the conciliation proceedings in such a manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a party that the conciliator hear oral statements, and the need for a speedy settlement of the dispute.
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(4) The conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons therefore.
14. In order to facilitate the conduct of conciliation proceedings, the parties, or the conciliator with the consent of the parties may arrange for administrative assistance by a suitable person or institution.
15. The conciliator may invite the parties to meet with him or may communicate with them orally or in writing. He or she may meet with or communicate with the parties together or with each of them separately.
16. Unless the parties have agreed upon the place where the meetings with the conciliator are to be held, the conciliator shall determine such place after consulting with each of the parties having regard to the circumstances of the conciliation proceedings.
17. When the conciliator receives factual information concerning the dispute from a party, he or she shall disclose the substance of that information to the other party in order that the other party may have the opportunity to present any explanation, which he or she considers appropriate.
18. The parties to a dispute shall, in good faith, co-operate with the conciliator and in particular, shall endeavour to comply with requests by the conciliator to submit written material, provide evidence and attend meetings.
19. Each party may of its own initiative or at the invitation of the conciliator submit to the conciliator suggestions for the settlement of the dispute.
20. (a) When it appears to the conciliator that there exist elements of a settlement, which would be acceptable to the parties, he or she shall formulate the terms of this possible settlement and submit them to the parties for comment by a stated date. After receiving the observations of the parties, the conciliator may reformulate the terms of a possible settlement in light of such observations. Where the conciliator receives no comment or comment from only one party the proposal shall be deemed to have been rejected.
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(b) If the parties reach agreement on a settlement of the dispute, they shall draw up and sign a written settlement agreement. If requested by the parties, the conciliator shall draw up or assist the parties in drawing up the settlement agreement.
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(c) The parties by signing the settlement agreement indicate that the dispute is resolved and that they are bound by the agreement.
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(d) A copy of the settlement agreement shall be sent to the Commission.
21. (a) On the expiry of 30 days from the date fixed for the commencement of the conciliation proceedings, the conciliation shall stand terminated, unless the conciliator or the parties are of the view that an extension of time is necessary or may be useful; but such extension shall not be beyond a further period of 15 days unless the parties agree to a longer extension.
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(b) The conciliator, if necessary shall inform the Commission of the extension of time.
22. The conciliation proceedings are terminated:
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(a) by the signing of the settlement agreement by the parties on the date of the agreement; or
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(b) by written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified; or
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(c) by a written declaration of the parties addressed to the conciliator to the effect that conciliation proceedings are terminated;
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(d) by a written declaration of a party to the other and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated;
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(e) by effluxion of time as specified in paragraph 21 above.
23. The parties shall not initiate during the conciliation proceedings any other proceedings in respect of a dispute that is subject to conciliation proceedings.
24. The conciliator shall not act as arbitrator or as a representative or counsel of a party in any arbitration or judicial proceedings where he previously acted as conciliator, nor shall the conciliator be presented as a witness in any such proceedings.
25. The parties and the conciliator shall keep confidential all matters relating to the conciliation proceedings and in particular undertake not to rely on or introduce as evidence in any arbitration or judicial proceedings, whether or not such proceedings relate to the dispute that is the subject of conciliation proceedings:
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(a) views expressed or suggestions made by the other party in respect of a possible settlement of the dispute;
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(b) admissions made by the other party in the course of the conciliation proceedings;
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(c) proposals made by the conciliator;
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(d) the fact that the other party had indicated his willingness to accept a proposal for settlement made by the conciliator.