CONciliation & Arbitration

CONCILIATION AND ARBITRATION

Conciliation and Arbitration in Practice
Under Section 55 of the Consumer Protection Act [Chapter 14:44], and as expanded by Statutory Instrument 181/24, the Consumer Council of Zimbabwe (CCZ) is formally recognized and empowered to handle consumer disputes through conciliation and arbitration. This means the CCZ may act either to facilitate amicable resolutions between consumers and suppliers (conciliation) or to arbitrate and issue binding resolutions when parties agree to arbitration.

Legal Framework Overview:

• Consumer Protection Act [Chapter 14:44]: Establishes consumer rights and enforcement mechanisms.
• SI 124/23 – Consumer Protection (General) Regulations: Details general procedures and standards under the Act.
• SI 181/24 – Consumer Protection (Consumer Council of Zimbabwe Designation) Regulations, 2024: Formally designates the CCZ as a body authorized to carry out functions such as conciliation and arbitration.

Conciliation

Conciliation is a process of dispute resolution where a neutral third-party facilitates a discussion between two or more parties to help them reach a mutually acceptable agreement. The conciliator does not impose a decision but rather assists the parties in finding a resolution that satisfies their interests.

Arbitration
Arbitration is a form of alternative dispute resolution where a neutral third party, the arbitrator, is appointed to listen to the evidence and arguments from the disputing parties and then make a binding decision. Unlike conciliation, the arbitrator’s decision is final and enforceable, similar to a court judgment.