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Conciliation At A Glance

Conciliation At A Glance

Conciliation At A Glance: Understanding the Basics of this Conflict Resolution Process

Conciliation is a form of alternative dispute resolution that can help parties resolve disputes without going to court. It is an informal and voluntary process that involves a neutral third party who helps the parties come to an agreement. In this article, we will explore the basics of conciliation, including its definition, process, benefits, and limitations.

What is Conciliation?

Conciliation is a process that involves the intervention of a conciliator, who assists the parties to a dispute to reach a mutually acceptable resolution. The conciliator is a neutral third party who listens to both sides, identifies the issues in dispute, and assists the parties in finding a mutually acceptable solution.

Conciliation Process

The conciliation process typically starts with the parties attending an initial meeting with the conciliator. At this meeting, the parties will explain the nature of the dispute to the conciliator, who will then outline the process and explain the role of the conciliator. The conciliator will then work with the parties to identify the issues in dispute and encourage them to explore possible solutions.

During the conciliation process, the parties will attend several meetings with the conciliator. The conciliator may also meet with the parties separately to explore possible solutions. Throughout the process, the conciliator will remain neutral and not take sides. The goal of the conciliator is to help the parties reach an agreement that is mutually acceptable.

Benefits of Conciliation

There are several benefits of conciliation as a dispute resolution process. These include:

i. Informality: Conciliation is an informal process that allows the parties to maintain control over the outcome.

ii. Flexibility: The parties have more control over the outcome of conciliation, as they have the ability to craft solutions that meet their needs.

iii. Cost-effective: Conciliation is generally less expensive than going to court.

iv. Preserves relationships: Conciliation is a process that often preserves relationships since it encourages communication, understanding, and cooperation between the parties.

Limitations of Conciliation

While conciliation is an effective dispute resolution process, there are some limitations. These include:

i. Voluntary: Conciliation is a voluntary process, meaning that both parties must agree to participate. If one party is unwilling, then there will be no conciliation.

ii. Efficacy: The conciliation process may not always be successful in reaching a resolution.

iii. Legally binding: The agreement reached through conciliation may not be legally binding. Therefore, it is important to have legal advice before signing an agreement.

Conclusion

Conciliation is an effective alternative dispute resolution process that enables parties to retain control over disputes while preserving relationships. While there may be some limitations to its efficacy, conciliation can be a valuable process for resolving disputes without resorting to court proceedings. It encourages cooperation, understanding, and effective communication between the parties, and a neutral third party helps ensure that both parties’ perspectives are heard and respected.


What is Conciliation?

Conciliation is a form of alternate dispute resolution similar to mediation.  The main goal of conciliation is for the parties to resolve tensions and bring about a negotiated settlement.  Conciliation has no legal standing and the conciliator, the intermediary between the parties, has no authorization to seek evidence, facts, make a decision or award damages.

How does this differ from mediation and arbitration?

First, and foremost, arbitration can and, in business contracts, often is binding upon the parties involved.  In arbitration the arbitrator is permitted to gather evidence, make decisions, and award a party monetary or equitable relief.

Mediation is similar to conciliation in that the goal of mediation is to reach an agreement that optimizes each parties needs.  Mediation focuses more on intervening in a dispute and helping the parties involved come to a negotiation that is reasonable.

Conciliation, on the other hand is more like a give and take negotiation.  One of the forms of conciliation is to make a list of all the things each party wants out of the conciliation.  At that point the conciliator will go back and forth between the two parties and they will make concessions.