Conciliation
Conciliation is another method of alternative dispute resolution (ADR) that aims to resolve disputes between parties through negotiation and mediation facilitated by a neutral third party, known as a conciliator. Unlike arbitration, where the arbitrator renders a decision, in conciliation, the parties themselves come to a mutually agreeable solution with the assistance of the conciliator.
Here's how conciliation typically works:
Initiation of Conciliation
Parties involved in a dispute may voluntarily agree to participate in conciliation. This agreement can be made before or after a dispute arises.
Appointment of Conciliator
The parties may choose a conciliator themselves or agree to use a conciliator provided by a mediation or conciliation service provider. The conciliator is a neutral and impartial facilitator who helps the parties communicate, identify issues, and explore potential solutions.
Initial Meetings
The conciliator typically meets with each party separately to understand their perspective on the dispute, clarify issues, and explore their interests and concerns.
Joint Sessions
The conciliator may then facilitate joint meetings where both parties are present. During these sessions, the conciliator encourages open communication and constructive dialogue between the parties, helping them to understand each other's viewpoints and explore possible solutions.
Exploration of Options
With the assistance of the conciliator, the parties brainstorm potential solutions to the dispute. The conciliator may help them generate creative options and evaluate the feasibility and acceptability of various proposals.
Negotiation
The parties engage in negotiation, either directly or through the conciliator, to reach a mutually acceptable resolution. The conciliator may assist in clarifying misunderstandings, managing emotions, and overcoming obstacles to reaching an agreement.
Agreement
If the parties are able to reach a consensus on the terms of a settlement, the conciliator helps them document their agreement in writing. This agreement is typically binding and enforceable.
Follow-up
After reaching an agreement, the conciliator may follow up with the parties to ensure compliance with the terms of the settlement and address any concerns or issues that may arise.
Conciliation offers several advantages, including flexibility, informality, and the preservation of relationships between the parties. It empowers the parties to maintain control over the outcome of the dispute while providing them with the guidance and support needed to reach a resolution. Conciliation is commonly used in various contexts, including commercial disputes, labor disputes, and family disputes.