What are the key characteristics of conciliation?

Asked by: Ressie Kris  |  Last update: November 10, 2023
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Conciliation is an alternative out-of-court dispute resolution instrument. Like mediation, conciliation is a voluntary, flexible, confidential, and interest based process.

What are the principles of conciliation?

The conciliator should be guided by the principles of fairness and justice. He should take into consideration ,among other things , the rights and obligations of the parties, the usages of the trade concerned ,and the circumstances surrounding the dispute ,including any previous business practices between the parties.

What are the essentials of conciliation?

The basic aim is there should be settlement between the parties & no party should feel as aggrieved instead of lost & win situation, there should be won - won situation for both Parties. Confidence, trust & Faith are the essential ingredients of conciliation.

What are the characteristics of mediation and conciliation?

Conciliation is an alternative dispute resolution method in which an expert is appointed to resolve a dispute by convincing the parties to agree upon an agreement. Mediation refers to a process of settling disputes by independent and impartial third party who assists the parties to reach a common outcome.

What is the type of conciliation?

informal conciliation: where disputes are addressed between a client and lawyer over the phone, by email or in writing. formal conciliation (otherwise known as a 'conciliation conference'): where a client and lawyer meet to discuss, and try to resolve the issue with the help of a conciliator in attendance.


32 related questions found

What is the main difference between mediation and conciliation?

Mediation it is the process of resolving issues between party where third party assist them in resolving dispute,while in conciliation method in which an expert is appointed to settle dispute between the parties.

What are the steps of conciliation process?

Procedure for Conciliation
  1. Step 1: Commencement of conciliation proceedings. ...
  2. Step 2: Appointment of conciliators. ...
  3. Step 3: Submission of written statement to the conciliator. ...
  4. Step 4: Conduct of the conciliation proceedings. ...
  5. Step 5: Administration assistance.

What is the role and purpose of conciliation?

Conciliation is an alternative dispute resolution process where the people in dispute talk about their issues in an informal, private meeting with the aim of reaching an agreement.

What are 2 advantages of conciliation?

Main benefits
  • Conciliation ensures party autonomy. The parties can choose the timing, language, place, structure and content of the conciliation proceedings.
  • Conciliation ensures the expertise of the decision maker. ...
  • Conciliation is time and cost efficient. ...
  • Conciliation ensures confidentiality.

What to expect at a conciliation meeting?

The conciliator will encourage everyone involved to resolve the matter voluntarily. They will try to avoid bringing the case before a judge. The conciliator listens to all parties and reviews. He or she then files all relevant documentation provided by both you and the insurer.

Is conciliation legally binding?

Conciliation agreements and settlement agreements are legally binding. In both cases, once you've reached agreement, you'll no longer be able to pursue your employment tribunal claim. It is always up to you whether you accept a settlement.

Is conciliation the same as negotiation?

For instance, in negotiation there is no third party who intervenes to help the parties reach an agreement, unlike in mediation and conciliation, where the purpose of the third party is to promote an amicable agreement between the parties.

Why is conciliation better than arbitration?

Arbitration can only be opted for dispute resolution if the parties opting for it have a prior agreement regarding it. Conciliation can be opted for in dispute resolution without any prior agreement between the disputing parties.

What is the conciliation method of dispute resolution?

Conciliation is an ADR process where an independent third party, the conciliator, helps people in a dispute to identify the disputed issues, develop options, consider alternatives and try to reach an agreement.

What is an example of a conciliation?

Typical examples of the types of issue dealt with in the conciliation process include claims for improvements in pay or conditions of employment, disciplinary cases, grading issues, disputes arising from proposed changes to the way work is done, company restructuring etc.

What are the disadvantages of conciliation in dispute resolution?

Conciliation has the drawback of not being legally binding for either party. This implies that the case must still go to court if the parties are unable to come to an agreement. Also, because the mediator must attempt to close the gap between the two parties, the process may be drawn out and challenging.

What is the conclusion of conciliation?

Thus, the end result of a conciliation proceeding is that both parties are relatively pleased with the final outcome. In our view, the chances of an appeal after the conclusion of conciliation proceedings are considerably lower as a mutual settlement is arrived at between the parties.

What are the disadvantages of conciliation?

The main downside to conciliation is that it relies on the parties accepting the authority of the conciliator and wanting to achieve a resolution. If either of the parties involved do not enter the process with the right attitude, then it may prove a waste of time and money.

What happens when conciliation fails?

The conciliator tries to help the parties reach an agreement, but this is not always possible. If the parties do not settle, the case continues to a formal hearing or conference. Both parties need to prepare evidence so the Commission Member can make a decision about the case.

How long does conciliation take?

Deadlines for early conciliation

If you start early conciliation before the deadline, you'll have at least 1 month after it ends to make your claim to a tribunal. Sometimes, you'll have more than 1 month because starting early conciliation extends the deadline for making a claim. Early conciliation lasts up to 6 weeks.

What type of cases use conciliation?

If you are trying to resolve a particular legal dispute at work, conciliation could help you and your employer settle the problem without the claim being determined by an Employment Tribunal. It is similar to mediation but is normally used when there is a particular legal dispute rather than more general problems.

What kind of disputes can be settled through conciliation?

In theory, both collective interest and rights disputes can be settled through conciliation. In practice, however, conciliation is more commonly used at the negotiation phase of collective bargaining when there are disputes of interest.

When would you use conciliation?

Conciliation is similar to mediation but is normally used to try to find a solution: before you make a claim to an employment tribunal (known as early conciliation) after you make a claim to an employment tribunal (known as conciliation)

How do I prepare for conciliation?

How to behave in the conciliation
  1. Be polite and patient.
  2. Listen to the other points of view without interrupting.
  3. Focus on the issues, not the emotions you feel or felt when the dismissal happened.
  4. Be flexible and prepared to negotiate, so you can avoid the delay of a formal hearing or conference.

What should you not say during mediation?

Avoid saying alienating things, and say difficult things in the least alienating way possible. Set ground rules to avoid attacking openings. Remember that avoiding saying unwelcome things, by having the mediator say them, merely transfers the other party's resentment from counsel to the mediator.