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Judicature of Reconcilliation
Judicature of Reconcilliation
“reconciliator” upon, to facilitate the reconciliation process where a reconciliator means a neutral
third party whom the parties agree to a “settlement “complainant which means an agreement
reached by the accused and the “party” means a complainant or an accused person.
Any party requesting for reconciliation may make an oral or written application to the
Magistrate stating his or her intention to reconcile with the other party; and propose the name and
address of the reconciliator.
The application. (2) Where an oral application is made, the Magistrate shall record.
(4) Where the reconciliator is not accepted, the Magistrate shall reconciliation agreement.
(5) The Magistrate who presided over the matter shall endorse the parties shall return to court
and inform the Magistrate so that the file is closed.
(6) Where the parties have reconciled without a reconciliator, they should inform the magistrate
so the file is closed.
Rule 8 establishes the classes of p[people who qualify to be Reconciliator under these Rules
Include a Magistrate, a Bar Course student; or any other person appointed by the court.
A person appointed under sub rule (1) (c), shall be a person of matter shall submit a
reconciliation report to the Magistrate presiding over the matter.
(1) A reconciliator other than the Magistrate presiding over the proceedings, the names of
the parties and the terms of the agreement.
(2) The report shall include an extract of what transpired during the matter to the Magistrate
to continue with the trial.
(3) Where the reconciliation fails, the reconciliator shall refer the information coming to his
or her knowledge in subsequent judicial proceedings.
(4) Where the Magistrate is the reconciliator, he or she shall not use not be used in
subsequent court proceedings by any party.
(5) Any information obtained from the reconciliation process shall Reconciliation from
sufficient
Upon receipt of the report, the Magistrate shall make a reconciliation order incorporating the
terms of the agreement.
When award any of the following remedies the reconciliation proceedings are completed,
the court may
(a) apology;
(b) restitution;
(c) compensation;
(d) rehabilitation;
(e) counseling; or
(f) any other appropriate remedy.
SCHEDULE Rule 2.