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Amigable-Composiscio-n-funcionamiento

Amicable settlement

It is an Alternate Dispute Resolution mechanism whereby one or several individuals, a public institution or several public institutions authorize a third party, called an Honest Broker to provide final resolution to their disputes. 

Filing of the request. The interested party must present a written document including all pertinent documents such as the payment stub and the contract which states the agreement about Amicable Settlement.

Appointment of the Honest Broker. The Honest Broker will be appointed in accordance with the dispositions set forth under the amicable settlement agreement. If no agreement exists, the appointment will be made by the Center of Arbitration and Conciliation, through a random selection.

Once the appointment has been made, the Center of Arbitration and Conciliaiton will notify the Honest Broker of his appointment for the proceeding, and he/she will have three work days to accept or refuse the appointment.

Opening meeting. Once the appointment stage has been completed, the Center of Arbitration and Conciliation will summon the parties and the Honest Broker to an opening meeting.

During this meeting the Center of Arbitration and Conciliation will make formal delivery of the file, the fees will be set, and the Honest Broker will make any decisions necessary to ensure the efficient and effective performance of the proceeding, and the case will be presented.

Exercise and analysis of the information. Upon completing the opening meeting, the Honest Broker will carry out any hearings he/she deems necessary to gather and review the different sources of information that have been requested by the parties.

Closing arguments. In cases where the parties have previously agreed to it, or in which the Honest Broker deems it necessary, a Closing Arguments hearing will be held; the purpose of which is to allow the parties to provide their closing arguments.

Decision. Once the evidence stage is completed, the Honest Broker will issue his decision that will bring closure to the dispute. When the decision includes certain concepts or opinions which generate doubts, or mathematical errors, or when a specific part of the debate is left out of it, the parties may:

• Request that said parts be elaborated on, added to, or corrected, within ten work days after having been notified of the decision.

The Honest Broker proceeding will last up to 4 months, which may be extended for another two months, except when special considerations are taken into account.

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