Validity Of Conciliation Agreement

Family members elaborate and distribute property among themselves by accepting an act of family colonization. This is an out-of-court settlement that the court agrees to. There is always a margin of appreciation in court. With this discretion, the Tribunal may, at any time, annul the agreement if there is a presumption of fraud or coercion. The parties are required to appear in person before the conciliation commissions or to be represented in the event of a serious obstacle by a person authorized to negotiate and conclude a conciliation agreement. Each association involved in the dispute shall appoint a duly mandated representative empowered to negotiate and conclude a conciliation agreement. If one of the parties duly convened does not appear or is not represented under the conditions laid down in the two preceding subsections, the President shall convene a new meeting, which shall take place no later than eight days after the first meeting. Any collective dispute may be referred to conciliation procedures under the following conditions. Persons who, for any reason, have not been transferred to an agreed conciliation procedure, established by a collective agreement or a special agreement, may be referred to a national or regional conciliation commission. Where the dispute arises in connection with the statement of reasons, the revision or renewal of an inter-trade agreement or an agreement of an undertaking or branch, the Minister responsible for labour or his representative may, on a written and reasoned request from one of the parties or on his own initiative, initiate the mediation procedure under the conditions set out in Chapter IV. Both the lawyer and the arbitral tribunal carefully review the documents to determine whether a settlement agreement can be smoothly transformed into an effective favourable judgment and protect the rights and interests of the parties to the maximum. The Arbitration and Conciliation Act does not contain any special provisions on separability. However, Indian law recognizes the doctrine of severability and a valid arbitration clause is severable from the mother`s contract and constitutes an agreement in itself.

After endeavouring, where appropriate, to reconcile the parties, the Ombudsman shall submit to them, in the form of a reasoned recommendation, proposals to settle the points in dispute within one month of his appointment, which may be extended with their consent. ยง 256. In the event of failure of the conciliation, the dispute must necessarily be filed within eight full days by the labour inspector or the director of labour with the conciliation body provided for in this Code. If the conciliation procedure is not conducted, the dispute shall be referred either to the arbitration provided for in Chapter V of this Title, if both parties agree, or to the mediation procedure under the conditions referred to in Chapter IV. . . .