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Report No. 77

8.2. Other countries.-

According to the Fourteenth Report of the Law Commission,1 the system of conciliation was being tried in three countries. The relevant passage in the Report reads as under:

"The Code of Civil Procedure does not contemplate such (conciliation) proceedings but such a procedure exists in Japan, France and Norway. In Japan it is the duty of the court either on the application of the parties or suo motu to send all civil proceedings either to a body consisting of two laymen and a judge or to judicial commissioners for a negotiated settlement.

If the conciliation court succeeds in persuading the parties to arrive at a settlement, its terms are recorded by the court and the order becomes binding as a judgment. In the event of a failure, the proceeding is dealt with in the ordinary manner. In France, all cases go to a Cantonal Court presided over by a layman for conciliation and an agreed settlement. Failing a settlement, the case goes for disposal to the court. In Norway, such proceedings are an essential preliminary to a proceeding in a civil court.

The proceedings first go before a conciliation council, composed of three mediators, designated by the local authority. The council can record an agreement. If any of the parties fail to appear, the council can in petty cases settle the proceedings. If the conciliation proceedings fail, the parties may approach the court for the redress of their grievances."

1. Fourteenth Repot, Vol. 1.

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