Conciliation Procedure - Additional Facility Conciliation (2006 Rules)

The goal of the Commission is to clarify the issues in dispute between the parties and to endeavor to bring about agreement on mutually acceptable terms (Article 30 of the Conciliation (Additional Facility) Rules). The parties must cooperate in good faith with the Commission in achieving this goal. To that end, the Commission may at any time during the proceeding ask the parties for relevant documents or explanations, hear witnesses and experts, make site visits and issue recommendations. It may also request evidence from other persons (Article 30(4) of the Conciliation (Additional Facility) Rules). 

The recommendations can include specific terms of settlement proposed to the parties or that they refrain from specific acts that would otherwise aggravate the dispute. The Commission must explain to the parties the reasons for the recommendations. It may also establish a time limit for the parties to discuss and agree on the recommendations.

The conciliation procedure may include written statements by the parties and hearings (Articles 33 and 34 of the Conciliation (Additional Facility) Rules).

Upon the constitution of the Commission, the President must ask the parties to file written statements of their position within 30 days or such longer time as the President may fix (Article 33 of the Conciliation (Additional Facility) Rules).  The parties may also file other written statements during the proceedings, within the time limits fixed by the Commission.

The parties’ written statements may be accompanied by supporting documents such as documentary evidence, witness statements and expert reports (Article 35 of the Conciliation (Additional Facility) Rules).

Hearings of Commissions can be held in person or by telephone and videoconference.  They may deal with issues of jurisdiction or the merits of the dispute, either together in a single proceeding or in separate phases.  Witnesses and experts may be called by the parties or the Commission to testify during the hearing. If a witness or expert cannot appear in person before the Commission, their evidence can be given in writing or their examination can take place elsewhere (Article 35(3) of the Conciliation (Additional Facility) Rules).

Unless the parties otherwise agree, they will not in any other proceeding be entitled to invoke or rely on views expressed, statements, admissions, or offers of settlement by the other party in the conciliation, or the Commission’s recommendations or Report (Article 37(4) of the Conciliation (Additional Facility) Rules). The Report must record any agreement about use of such information (Article 38(2) of the Conciliation (Additional Facility) Rules).