A. Fact FindingOther terms of the fact finding inquiry (investigation) or a questionnaire. Dispute resolution method is used to reach a settlement of a dispute by establishing a commission or agency to seek and listen to all the evidence that is international, that are relevant to the problem. The basis of the evidence and the problems that arise, the agency will be issuing a fact that is accompanied by its completion.the purpose of fact-finding that the main thing is to report to the parties about the facts. While the stated goals of settlement of international disputes by way of a fact-finding, namely:• Establish a basis for settlement of disputes between the two countries• Overseeing the implementation of an international treaty.• Provide information to make decisions at the internationalBasic legal fact finding is used in section 9 to 36 Hague convention on the pacific settlement of Disputes in 1899 and 1907. The results of this fact-finding report to the parties to the dispute in the form of reports. But the report does not contain argument or dispute resolution.
2. Good Offices (Both Services)Good services is a way of resolving the dispute through a third party outside help. These third-party effort that the parties resolve their disputes by negotiation. Function of both services are the most important is to bring the parties so that they would meet, sit together and negotiate, or known by the name fasilisator.Third-party participation in dispute resolution can be of two kinds, namely the request of the parties or third parties own initiative to offer its good offices to resolve disputes. Absolute requirement in the settlement of this dispute is an agreement between the parties. which may be a third-party countries and international organizations.3. MediationMediation is a way of resolving the dispute through a third party. This is the third-party international organizations, countries and individuals. This third party called a mediator in this dispute.Its main function is to find a solution (settlement) identifies, things that can be agreed upon by the parties and made proposals to end the dispute, informal, and active. In the process of negotiations in accordance with articles 3 and 4 Hague convention on the pacific settlement of Disputes (1907) which states that these proposals are given the mediator should not be considered a hostile act against a party (which was hurt).The parties are free to determine the procedure is most important is the agreement of the parties, ranging from the selection process mediator, to mediation, the admissibility of the proposals given by the mediator, until the end of the duty of the mediator.
4. ConciliationConciliation is a way of resolving disputes that is more formal than mediation. Usually this conciliation conciliation entity formed by the parties by agreement. Commission works to establish the settlement terms accepted by the parties, making it more formal or extensive because there are no rules and no agency or institution.Conciliation commission may already institutionalized or ad hoc (temporary) which serves to define the requirements of the settlement accepted by the parties. But the decision is not binding on the parties.The trial of a conciliation body consists of two stages, namely the written phase and an oral phase, then the agency will hear oral testimony of the parties. The parties to an oral hearing to the parties and may diwakkili by proxy. The results obtained facts konsilator (designation of conciliation) submit a report to the parties to the conclusions and his proposals, and its decision is not binding because the proposal is acceptable or not depends entirely to the parties.
Fact Finding Equations, Good offices, mediation and conciliation
• The agreement of the parties• The decision is not binding on the parties• Settlement of disputes through third party
Differences Fact Finding, Good offices, mediation and conciliation
Fact Finding: tasked with finding the facts are in dispute.Good Offices: function to bring the parties to sit togetherMediation: Creating a contact or a direct relationship between the parties.In applying the law, the mediator is not limited to the existing lawConciliation: it is more formal dispute settlementThe existence of proceedings against the party through two stages of written and spoken stage.
2. Good Offices (Both Services)Good services is a way of resolving the dispute through a third party outside help. These third-party effort that the parties resolve their disputes by negotiation. Function of both services are the most important is to bring the parties so that they would meet, sit together and negotiate, or known by the name fasilisator.Third-party participation in dispute resolution can be of two kinds, namely the request of the parties or third parties own initiative to offer its good offices to resolve disputes. Absolute requirement in the settlement of this dispute is an agreement between the parties. which may be a third-party countries and international organizations.3. MediationMediation is a way of resolving the dispute through a third party. This is the third-party international organizations, countries and individuals. This third party called a mediator in this dispute.Its main function is to find a solution (settlement) identifies, things that can be agreed upon by the parties and made proposals to end the dispute, informal, and active. In the process of negotiations in accordance with articles 3 and 4 Hague convention on the pacific settlement of Disputes (1907) which states that these proposals are given the mediator should not be considered a hostile act against a party (which was hurt).The parties are free to determine the procedure is most important is the agreement of the parties, ranging from the selection process mediator, to mediation, the admissibility of the proposals given by the mediator, until the end of the duty of the mediator.
4. ConciliationConciliation is a way of resolving disputes that is more formal than mediation. Usually this conciliation conciliation entity formed by the parties by agreement. Commission works to establish the settlement terms accepted by the parties, making it more formal or extensive because there are no rules and no agency or institution.Conciliation commission may already institutionalized or ad hoc (temporary) which serves to define the requirements of the settlement accepted by the parties. But the decision is not binding on the parties.The trial of a conciliation body consists of two stages, namely the written phase and an oral phase, then the agency will hear oral testimony of the parties. The parties to an oral hearing to the parties and may diwakkili by proxy. The results obtained facts konsilator (designation of conciliation) submit a report to the parties to the conclusions and his proposals, and its decision is not binding because the proposal is acceptable or not depends entirely to the parties.
Fact Finding Equations, Good offices, mediation and conciliation
• The agreement of the parties• The decision is not binding on the parties• Settlement of disputes through third party
Differences Fact Finding, Good offices, mediation and conciliation
Fact Finding: tasked with finding the facts are in dispute.Good Offices: function to bring the parties to sit togetherMediation: Creating a contact or a direct relationship between the parties.In applying the law, the mediator is not limited to the existing lawConciliation: it is more formal dispute settlementThe existence of proceedings against the party through two stages of written and spoken stage.
