What is conciliation in arbitration?
Asked by: Ara Greenholt | Last update: August 31, 2025Score: 4.9/5 (42 votes)
What is conciliation in simple terms?
the action or process of ending a disagreement, often by discussion between the groups or people involved: All attempts at conciliation failed and the dispute continued. He prefers compromise and conciliation to confrontation. See. conciliate.
What comes first conciliation or arbitration?
Regardless of whether the old or the new system is applied the process always begins with conciliation. This is a peace-making process whereby a CCMA or bargaining council (BC) mediator tries to assist the employer and employee to reach an out-of-court agreement.
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 happens in conciliation?
What is Conciliation? 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.
Mediation and Arbitration: What You Need To Know
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.
Who attends conciliation?
A conciliation hearing may only be attended by the parties to a dispute, their representatives referred to in S135(4) of the Act, and such other persons who, in the discretion of the Commission, are allowed to attend.
What are 2 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.
What happens if one party does not show up for mediation?
The party who skipped mediation may be held in contempt of court for violating a court order. Sanctions for violating a court order can include community service, fines, paying for the attorney fees of the other party, and even jail time. The party who skipped may have to pay for all of the mediator's fees.
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 long do arbitration hearings usually last?
Most arbitrations take about three hours. If you think your case will take more than five hours, let the arbitrator know before the arbitration starts.
Is conciliation better than arbitration?
What are the benefits of attending the conciliation hearing? It is far more beneficial for parties to resolve disputes at the lowest level of resolution. By attending the hearing, both parties are able to avoid the unnecessary costs involved in the arbitration process.
What is the process 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 from conciliation?
A conciliation is an informal meeting between you, your attorney, the insurer's attorney, and a conciliator from the DIA. The conciliator will try to help the parties reach an agreement. If an agreement can't be reached, the claim is referred to an administrative judge for the next step — a conference.
Is arbitration legally binding?
While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. As such, parties may want to consider consulting an attorney at any time before, during, or after the arbitration.
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 happens if you can't afford mediation?
Second, when you make it clear that you can't afford the mediator, the lawyer might agree to front the whole cost, in exchange for an agreement that the mediation fee get taken into account in the division of assets when all is said and done, i..e mediate now, pay later.
Can I say no to mediation?
Case law has clearly confirmed that saying no to an invitation to mediate without reasonable justification during the course of litigation will result in costs sanctions. If you win the case, you may end up getting a lower recovery from the losing party (possibly nil), turning the “loser pays” rule on its head.
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.
Why is conciliation better than mediation?
Conciliation is more suitable when you want to reach an agreement on technical legal issues (that might require advice) or need assistance with the process. It is also quite suitable when mediation had been attempted but neither participant had come to an agreement.
What happens after conciliation fails?
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. An application for arbitration is not required if the matter was scheduled for con-arb, but the arbitration part was adjourned by the commissioner.
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.
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.
Who facilitates conciliation?
Conciliation processes can look quite different in different contexts, but they usually involve an independent person with expert knowledge (the conciliator) helping the parties to identify and agree on a fair resolution of their dispute. The Conciliator does not decide the outcome of your dispute.
How long does it take to get a date for arbitration?
Remember: Arbitration is a formal process which involves both you and the ex-employer leading evidence like witnesses and documents to prove whose case is stronger. Generally a date for arbitration is provided by the CCMA within 21 days after Conciliation is heard.