AGREEMENT APPOINTING THREE CONCILIATORS FOR CONCILIATION OF DISPUTES
This Agreement made at…………this………day of………20……between A, son of Late D………… resident of…………(hereinafter referred to as “the party of the First Part”) (which expression shall unless it be repugnant to the context or meaning thereof include his heirs, executors, administrators, legal representatives and assigns), B, son of Late ………. resident of………(hereinafter -referred to as “the party of the Second Part”) (which expression shall unless it be repugnant to the context or meaning thereof include his heirs, executors, administrators legal, representatives and assigns), and Smt C wife of Shri……………resident of…………(hereinafter referred to as the party of the Third Part”) (which expression shall unless it be repugnant to the context or meaning thereof include her heirs, executors, administrators, legal representatives and assigns).
WHEREAS A, B and Mrs. C are the sons and daughter of Late D, who died intestate on…………leaving movable and immovable properties.
AND WHEREAS disputes have arisen between the parties regarding their rights to the said properties and partition thereof.
AND WHEREAS on the advice and suggestions of relatives and well wishers of the parties, the parties have agreed for conciliation of disputes.
AND WHEREAS the parties have also agreed that Shri X, Shri Y and Smt. Z will be the conciliators for conciliation of disputes regarding their rights in the properties left by Late D.
NOW THIS AGREEMENT WITNESSES AS FOLLOWS:
(1) That all the disputes between the parties shall be conciliated by Shri X, Shri Y and Smt Z (hereinafter referred to as the “said conciliators”).
(2) That the conciliation proceedings shall commence on or about………………
(3) That Smt Z shall act as the presiding conciliator.
(4) That the parties shall submit to the conciliators a brief written statement describing the general nature of the dispute and the points at issue. Each party shall send a copy of such statement to the other parties. The conciliators may request any party to submit to them a further written statement of his position and the facts and grounds in support thereof, supplemented by any documents and other evidence that such party deems appropriate. The party so submitting such written statement shall send the copy of such statement to the other parties.
(5) The conciliation proceedings shall be taken jointly and the parties shall cooperate with the conciliators, shall Endeavour to comply with requests by the conciliators, to submit written materials and provide evidence and attend meetings.
(6) The conciliators and parties shall keep confidential all matters relating to the conciliation proceedings. Confidentiality shall also extend to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement.
(7) The conciliators may appoint an accountant,, valuer or any other professional expert, if they think necessary and the remuneration of such persons appointed as determined by the conciliators shall be the costs in the conciliation.
(8) The cost incidental to the conciliation proceedings shall be fixed by the conciliators for which notice shall be given to the parties and the parties shall deposit the said amount to the conciliators. If the conciliators direct, the parties will deposit an amount as an advance for the costs which the conciliators expect will be incurred. The conciliators will render an account to the parties of the deposits received and will return any unexpended balance to the parties.
(9) The conciliators will try to get the disputes between the parties sewed and see that the parties sign the settlement agreement resolving the disputes. If settlement agreement is signed by the parties with the help of the conciliators, the said agreement shall be final and binding on the parties and persons claiming under them respectively.
(10) If the conciliators after consultation with parties come to the conclusion that further efforts at conciliation are no longer justified, they shall make a declaration to that effect and conciliation proceedings shall be terminated from the date of such declaration.
If all parties or any party, make a declaration to the conciliators that the conciliation proceedings are terminated the proceedings shall also be terminated from the date of such declaration.
IN WITNESS WHEREOF, the parties hereto have set and subscribed their respective hands the day and year first hereinabove written.
Signed and delivered by A
Signed and delivered by B
Signed and delivered by Smt C