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Commercial Dispute Resolutions & Settlement Techniques
Whenever these a dispute on the terms of a commercial contract, the parties to the contract may either adopt an amicably settlement on a voluntary basis or may subject the dispute to the scrutiny of the Civil Court. Disputes are common in a business transaction and there is a great emphasis on adequate care to be adopted in drafting commercial agreements and/or contracts. In other words, no ambiguity should exist in the terms and conditions of the said contract.
Dispute Resolutions & Settlement Techniques
Dispute may be resolved & settled by means of direct negotiation, conciliation, mediation and arbitration.
Direct Negotiation
The ideal method for settling a dispute is where the two parties involved (the employer and the union) are willing to come together for discussion until a satisfactory compromise is reached.
Conciliation
Conciliation is the process of arriving at a settlement of a trade dispute with the help of a third, neutral party. In commercial disputes, conciliation is carried out by officer of the Department of Industrial Relations. Conciliation can be voluntarily requested by either of the disputing parties or the Direct General of Industrial Relations may intervene “in the public interest”, requiring the parties to attend a conciliation meeting. This is known as compulsory conciliation and is common in public utilities and other important industries where the public might be inconvenienced if a settlement is not found quickly.
Mediation
Mediation is a relatively rare method of settling a trade dispute. Mediation is similar to conciliation I that a neutral third party is called in by the parties to a dispute to help them find a settlement, but the mediator is not usually from the government. He is a person who is considered unbiased and impartial and is sufficiently respected and trusted by both parties.
Arbitration
When the disputing employer and union cannot find a solution by themselves or with the help of the Department of Industrial Relations, arbitration may be the only way to settle the dispute. In arbitration, an impartial third party is given the authority to settle the dispute by examining the information given by both sides and making a judgment. In Malaysia, only the Industrial Court has the power to arbitrate labour disputes.
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