Conciliation is a form of Alternative Dispute Resolution (ADR) in which parties to a dispute agree to meet with a neutral third party, known as a conciliator, in an effort to resolve their differences and reach a mutually acceptable solution.
The conciliator is typically someone who is skilled in communication, negotiation, and conflict resolution, and who has no decision-making power over the dispute. The role of the conciliator is to facilitate communication between the parties, help them understand each other's perspectives, and assist them in generating options for resolving their dispute.
Unlike in mediation, where the mediator facilitates a negotiation process, the conciliator may take a more active role in suggesting solutions and making proposals to the parties. However, the final decision on the resolution of the dispute remains with the parties themselves.
The conciliation process usually begins with the parties submitting a brief summary of their positions to the conciliator, who then conducts private meetings with each party to discuss the dispute in more detail. The conciliator may then bring the parties together for a joint meeting to discuss the issues and explore possible solutions.
Conciliation is often used in employment and labor disputes, as well as in disputes involving small businesses, consumer complaints, and community disputes. It can be a cost-effective and efficient way of resolving disputes, and can help to preserve relationships between the parties.
One advantage of conciliation over other forms of ADR is that it is generally less formal and less structured, allowing the parties to take a more collaborative and flexible approach to resolving their dispute. However, like all forms of ADR, conciliation relies on the voluntary participation of the parties and the willingness of each side to work toward a resolution.
Get a head start on your legal education with our First Year LLB Study Guide.