Arthur Cox has seen a significant increase in the size and complexity of disputes referred to conciliation, particularly in the Construction & Engineering sector. Conciliation either results in a negotiated settlement between the disputing parties or failing this, the issue of a conciliator’s recommendation, which usually becomes binding on the parties unless overturned in a further ADR process.
We regularly advise clients in conciliation proceedings arising out of complex disputes primarily in the building and civil engineering sectors. We advise on the various conciliation procedures under the RIAI, Engineers Ireland and Public Works forms of contract and on the enforcement of conciliator’s recommendations by way of summary proceedings.
We have represented and supported clients at all stages of the conciliation process including the preparation of conciliation position papers, representation at hearings, through to the drafting and conclusion of a negotiated settlement agreement or the enforcement of a conciliator’s recommendation. From our experience, most disputes (even of the most technical nature) can be resolved over the course of a one to two day conciliation meeting.