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CS Professional · Arbitration, Mediation and Conciliation · Introduction to Conciliation and its Importance for MSMEs

In a conciliation between Rao Pharma Ltd and Iyer Logistics, the conciliator, soon after appointment, asks each party for a brief written statement describing the general nature of the dispute and the points at issue. Rao Pharma asks whether it must share its statement with Iyer Logistics. What is the position under the Act?

Rao Pharma must send a copy of its brief written statement to Iyer Logistics. The Act requires each party to copy its statement to the other party when the conciliator requests one. The statement is not kept confidential from the opposing party.

  1. AEach party must send a copy of its statement to the other partyCorrect
  2. BThe statement is confidential to the conciliator and must not be shown to the other party
  3. COnly the conciliator may decide to forward copies, after the proceedings end
  4. DCopies must be sent only if the statement is supported by documents

Explanation

The conciliator may request each party to submit a brief written statement of the general nature of the dispute and points at issue, and each party shall send a copy of that statement to the other party. Confidentiality of the statement from the other side is not the rule for this initial statement.

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