What does a conciliation include?
Asked by: Dr. Marion Fritsch | Last update: April 16, 2025Score: 4.7/5 (74 votes)
Conciliation is a voluntary process in which a professional facilitator assists employers and employees to resolve disputes when their own unassisted efforts have not succeeded. The process can be described as a facilitated search for agreement between disputing parties.
What to expect at conciliation?
Generally, the complainant and respondent will then meet together with the conciliator. The conciliator will give both sides the opportunity to talk about the complaint and how they see things. After this meeting, the conciliator will help you talk about ways the complaint may be resolved.
What happens at a conciliation conference?
The conciliation conference is usually the second court event in property and financial cases, following the procedural hearing. A conciliation conference is conducted by a Registrar who looks at the case from both sides and can help you explore options to try to resolve your dispute.
What are conciliation duties?
A conciliation officer is required to investigate without delay the industrial disputes and make efforts to settlement thereof and for the purpose of bringing about a settlement of the dispute he may do all such things as he deems fit for the purpose of bringing parties to come to a fair and amicable settlement of the ...
How long does it take for conciliation?
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.
The Conciliation Process
What is the success rate of conciliation?
). Two outcomes are possible at a conciliation. If it is successful, the parties reach an agreement. This happens in about 75% of cases.
How do I prepare for a conciliation meeting?
- Find out what happens in conciliation.
- Gather relevant documents and information. Gather any relevant material you may need, including: ...
- Write down the main issues. Make notes about the issues that are most important to you, and why. ...
- Think about the outcome you want or will accept. ...
- Prepare your device.
What are the disadvantages of conciliation?
- It relies on both parties to accept the conciliator's decision.
- It could be considered as too informal and not taken seriously.
- The conciliation process isn't legally binding.
How do I prepare for conciliation?
- CONCILIATION. ...
- 1.1 Exhaust internal procedures and processes. ...
- 1.2 Consider all jurisdictional issues. ...
- 1.3 Check the CCMA referral form. ...
- 1.4 Avoid postponements. ...
- 1.5 Ensure appropriate representation. ...
- 1.6 Attend the hearing. ...
- 1.7 Be prepared.
What comes after conciliation?
Should the dispute not be resolved by conciliation, the applicant party will be required to apply for arbitration if they still want to pursue that dispute.
What happens if conciliation fails?
In case of failure of conciliation (FOC) a report is sent to Government (IR Desks in Ministry of Labour). The Ministry of Labour after considering the FOC Report exercises the powers available to it under Section 10 of the Industrial Disputes Act and either refers the dispute for adjudication or refuses to do so.
What is the timeline for conciliation?
The conciliation officer has a 60 day mandate, but the parties may, if they both agree, request an extension of the time for conciliation. At the end of the conciliation period, a 21-day cooling off period begins.
What are the possible outcomes of conciliation?
There are two possible outcomes to the conciliation process - resolution of the dispute, or continuing disagreement. A settlement occurs either when the parties themselves reach a mutually acceptable agreement in conciliation or where they accept a proposal for settlement that the IRO has put to them.
What to bring to a conciliation?
- your application.
- the employer's response.
- your notes and/or completed Worksheet - Preparing for conciliation.
- your most recent pay slips.
- any letters or emails from your employer to you about your work performance and/or dismissal.
- any performance reviews.
What happens if the employee does not attend conciliation?
If a party fails to attend or to be represented at conciliation, the commissioner will decide whether to a) continue with the conciliation b) adjourn the conciliation to a later date within the 30-day period; or c) conclude the conciliation by issuing a certificate.
What are the rules of conciliation?
(1) Conciliation proceedings are private and confidential and are conducted on a without prejudice basis. No person may refer to anything said at conciliation proceedings during any subsequent proceedings, unless the parties agree in writing or as ordered otherwise by a court of law.
How long does conciliation take?
Conciliation takes place over the phone or by email for up to 6 weeks. Please read our detailed guidance on negotiating a settlement and working out the potential compensation you would be awarded and value of your potential claims to help you to work out whether you are being made a fair offer of settlement.
What happens after conciliation?
After conciliation, if you and your employer can't come to an agreement, the Commission must issue you with a certificate. The certificate is proof that you went to the mediation or conciliation conference and confirms that you were not able to settle the case.
What to expect at a conciliation hearing?
Conciliation hearings may take place in person, telephonically or through an online digital platform. A commissioner may, depending on the nature of the dispute and sensitivities or tensions between the parties, begin by meeting jointly with the parties to obtain and ensure sharing of information about the dispute.
What is the primary weakness of conciliation?
What is the main disadvantage or limitation of conciliation? The major limitation of conciliation is that it is not binding upon the parties to the dispute. There are chances that parties may not be able to resolve the conflict.
Why is conciliation better than mediation?
The key difference between mediation and conciliation is that conciliators may have professional expertise in the subject matter of the dispute, so they are able to provide advice about the issues and can suggest options for resolution.
What is the purpose of the conciliation?
A conciliator is a person who is to assist the parties to settle the disputes between them amicably. For this purpose, the Conciliator is vested with wide powers to decide the procedure to be followed by him like the Code of civil Procedure or the Indian Evidence Act, 1872.
What to say during mediation?
You are trying to persuade the other party and not the mediator, therefore speak directly to him or her. Describe particular behaviour rather than making generalizations. Avoid using words like “always” and “never.” Give concrete examples to illustrate your point of view.
Is conciliation confidential?
Conciliation is a 'confidential' process in that the President will not consider information about what is said or done in conciliation if the complaint does not resolve and the President is required to make a decision about the complaint. This allows both sides to have an open and frank discussion.
What is the next step after conciliation?
The commissioner will also issue a certificate indicating whether or not the matter has been resolved. The applicant will need this certificate to apply for arbitration if the matter remains unresolved unless the matter is a Con/Arb and will proceed to arbitration immediately or on a later date.