Conciliation At A Glance

Conciliation At A Glance

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Conciliation At A Glance
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.  

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