Conciliation

Introduction

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The IFEAT Conciliation Service is a member service for resolving problems and disputes that may arise between members of the Federation.

  • It is not a legal court or formal arbitrary institution.
  • It is based on the goodwill of the interested parties – IFEAT members who want to avoid formal procedures and are willing to use conciliation to find agreement on a friendly basis and good business practices.
  • At least one party to the dispute must be a fully paid up member of IFEAT.

Introduction

  • IFEAT Conciliation Service is intended for resolving problems and disputes which may arise between two parties, one of which must be an IFEAT member.
  • It is not a legal court or formal arbitrary procedure. It is based on the goodwill of IFEAT members who want to avoid formal procedures and are willing to use conciliation to find agreement on a friendly basis using  good business practices.
  • The party asking for conciliation in the dispute must be a fully paid up member of IFEAT.

IFEAT will assist in the procedure but will take no responsibility whatsoever for results or conclusions agreed upon by the parties concerned. Outside of the recommendations given, IFEAT will not be responsible for Conciliation/Arbiter activities or solutions proposed by another party.

The IFEAT Conciliation Service consists of a select group of individuals who are experienced and respected members of IFEAT. The conciliators, as agreed by parties concerned, will consider the problem and with the information and facts presented by both parties will do their best to propose an appropriate solution.

It is the intention of IFEAT Conciliation Service that in the end there is no winner or loser. It is expected that business partners will act in good faith and make an honest effort to find a satisfactory solution to their dispute with the assistance of the IFEAT conciliators.

Conciliators

The conciliators will be selected by the IFEAT Executive Committee. They will be senior, respected members of IFEAT, known for their understanding of the industry and having proven experience in business and trading.

Conciliators once agreed on by the parties will act strictly on their own as individuals and will by no means represent or act on behalf of IFEAT. Conciliators will not be responsible for any possible consequences, financial or legal, which may occur as a result of their conclusions or proposals.

The IFEAT Conciliation Committee will consist of not less than three members selected from members of the Executive Committee. This committee will supervise and be responsible for maintaining the list of suitable members of the Conciliation Panel. Members of Conciliation Committee can also serve as Conciliators and be members of the Conciliators Panel.

Procedure

  • IFEAT members wishing to utilize the services of a conciliator should complete the form below which will be forwarded to the Secretary to the Chairman of the Conciliation Committee who will see to the selection of two conciliators from the Conciliation Panel and inform the parties of the names of the conciliators.
  • Both parties are deemed to have accepted the conciliators unless either or both parties object in writing, with an appropriate explanation, within 21 days by notification to the IFEAT Secretary. Such objection should also be advised to the other party to the dispute at the same time.
  • If the objection under 2 above is accepted by the Conciliation Committee, another team of Conciliators will be selected to act as conciliators in the dispute. If the second team is also not accepted by any party in the dispute the Conciliation Committee shall reject the case.
  • Once the conciliator(s) have been appointed and accepted, both parties will submit their case in writing together with all documentary support. The conciliator(s) may at any time call for additional information from either party. Any relevant information or documents submitted to the conciliators must be copied at the same time to the other party involved in the dispute.
  • It is deemed that both parties to the dispute accept the procedures set forth when they engage the Conciliation service

Fees and Disbursements

Conciliators fees, when appropriate, shall be set by IFEAT and notified to the parties at the time of their request for the service. Additionally, conciliators may claim disbursements for expenses that may be incurred. Any costs or fees shall be shared on a 50:50 basis between the two parties and payment shall be made promptly after receipt of invoice. Depending on the cost involved, the conciliators may request an advance of assumed disbursements before proceeding with the conciliation.

Raison d’etre

The purpose of the IFEAT Conciliation service is an attempt to settle disputes in a friendly and efficient manner between IFEAT members or IFEAT members and non-members. It does not supplant the right of either party under their terms of business. IFEAT is not attempting to play the role of lawyers but by using the service members may avoid the cost of expensive legal proceedings.

If you are a member requiring the IFEAT Conciliation services please login and complete this form.