Conciliation is an alternative out-of-court dispute resolution instrument. Conciliation is an alternative out-of-court dispute resolution instrument. As a non binding procedure, Conciliation operates through an impartial third party, known as the conciliator, who assists the parties to a dispute in reaching a mutually agreed settlement of the dispute. Three major advantages of conciliation process are speedy settlement, economic viability and amicable resolution.
Conciliation is considered to be the better alternative even for parties who have not entered into a formal agreement regarding the mode of dispute resolution.The evidence led and the proposal made in conciliation proceedings cannot be disclosed in any other proceedings which exposes the parties to minimum risk.
Parties who do not wish to have a binding result from the dispute resolution method, can opt for conciliation. The Conciliator here just helps in arriving at a mutual settlement and does not dictate the terms and conditions. This settlement becomes binding only at the instance of both parties.
Conciliation is an informal, flexible approach to resolving complaints matters can be settled by an exchange of letters, a telephone negotiation between the Commission and the people involved, a telephone conciliation conference or a face to face conciliation conference.
The conciliation conference is not a public hearing, a court of law or a tribunal. That means parties do not have to prove or disprove the complaint. Instead conciliation allows people to state their point of view, discuss the issues in dispute and settle the matter on their own terms.You do not need a lawyer to participate in conciliation. If you want a lawyer or another type of advocate to participate in the conciliation conference, you need to discuss this with the conciliator before the day of the conference and obtain their permission.
VIA provides an impartial third party during the conciliation process. Our role is to assist the parties to consider different options to resolve the complaint and provide information about possible terms of settlement. We can also help write up the conciliation agreement.
Outcomes will vary depending on the nature of the complaint. However, agreements can include an apology, reinstatement to a job, compensation for lost wages, changes to a policy or putting in place anti-discrimination policies.