What is Conciliation?
Conciliation is an option out-of-court dispute resolution instrument. Like mediation, conciliation is a deliberate, adaptable, confidential, and intrigue based procedure. The parties seek to arrive at an amicable dispute settlement with the help of the conciliator, who acts as an unbiased 3rd party.
The fundamental distinction between conciliation and mediation procedures is that, eventually during the conciliation, the conciliator will be asked by the parties to give them a non-binding settlement proposal. A mediator, on the other hand, will as a rule and as an issue of standard, refrain from making such a proposition.
Conciliation is a willful proceedings, where the parties involved are allowed to agree and endeavor to resolve their dispute by conciliation. The procedure is flexible, permitting parties to define the time, structure and substance of the conciliation procedures. These proceedings are once in a while public. They are interest based, as the conciliator will while proposing a settlement, not just consider the parties' legal positions, yet in addition their; commercial, financial and/or personal interests.
Like in mediation procedures, the ultimate decision to agree on the settlement remains with the parties.
The job of conciliators is like that of mediator except that the conciliator may also:
- Have expert information and give you some legal information.
- Recommend or offer you and other members expert guidance on the potential options for sorting out the matter of dispute.
- Effectively encourage you and other participants to agree on a settlement.
The conciliator will not:
- Favor one side or make decisions.
- Mention to you what choice to make, in spite of the fact that they may make recommendations.
- Conclude who is correct or wrong.
- Provide Counseling
Conciliation is normally held face to face and in person, with the goal that you can converse with one another straightforwardly. However, you may also have separate meetings sessions with the conciliator. Sometimes the conciliator can act as a 'messenger' by talking with you and other members independently and communicating ideas or proposition between you. It is also conceivable to hold conciliation meetings sessions by phone in certain conditions.
Once the conciliator has made their suggestions and recommendations, it is dependent upon the parties to agree upon any proposal. The proposals or opinions of a conciliator cannot be forcefully imposed. If a settlement is accomplished, it must be set out in writing in order so as to be legally binding and authoritative.
Conciliation is probably suitable if you:
- want to agree on some specialized and legal issues.
- Need help and assistance with the process.
- Want to settle on an agreement with other members and participants involved.
- Need guidance on the facts in your case.
Conciliation may likewise be appropriate and suitable if you have attempted mediation and still can't reach to an agreement with other participants.
The members' and participants legal counselors and lawyers can usually be present during Conciliation. At times, specialists and experts may also be available. Some conciliation processes do not expect lawyers to participate. If you wish to have your legal counselor or lawyer take an interest in a conciliation process or have specialists join in, you ought to talk about this with the conciliator before the procedure starts.