English to Serbo-Croat Other Law (general) dispute settlement

Article 8 means that the party controls which information should be kept by the conciliator from the other party as confidential by enabling the party to give the information to the conciliator “subject to a specific condition that it be kept confidential”. If the conciliator were to consider that this condition was not helpful, he or she could discuss that with the party but ultimately the conciliator must respect the confidentiality of the information. This is directly contrary to arbitration where full disclosure is a necessity and any breach of that obligation would be a basis for setting aside the award. In conciliation however a party may wish to give certain information to the conciliator subject to a specific condition that it be kept confidential.