What is the purpose of conciliation?
Asked by: Rosemarie Jerde | Last update: August 7, 2025Score: 4.1/5 (11 votes)
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.
What is the role and purpose of conciliation?
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.
What is the reason for conciliation?
Conciliation is a way to resolve a legal dispute without going to trial. A neutral third party, often a judge, may provide suggestions and develop proposals to help you and the other party come to an agreement. You and the other party may: Seek guidance from the judge.
What is the mission of the conciliation?
The Federal Mediation and Conciliation Service, created in 1947, is an independent agency whose mission is to preserve and promote labor-management peace and cooperation.
What are the benefits of conciliation?
Conciliation is more advantageous as a faster way to resolve a commercial dispute than through court proceedings. Also, preventing litigation reduces costs associated with dispute resolution as it is cheaper than commercial litigation.
The Conciliation Process
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 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.
What is the object of conciliation?
Procedure of conciliation
The aim of the conciliation process is to arrive at mutually agreeble, fast and inexpensive dispute settlement. Section 62 discusses that the commencement of conciliation will begin when one party sends an invitation in writing to conciliate on the point of contention to the other party.
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.
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.
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 at a 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. It is an exercise that is intended to end in a settlement agreement. The commissioner has no authority to make an award (judgement).
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.
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 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 are the outcomes of conciliation?
Outcomes at conciliation
If an agreed settlement has been reached, a written agreement will be prepared for both parties to sign. Unrepresented parties may be offered a 3-day cooling off period to decide if they wish to opt out of any agreed settlement.
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 happens in a conciliation meeting?
Conciliation gives the person who made the complaint (the complainant) and the person or organisation being complained about (the respondent) the opportunity to talk about the issues in the complaint and try to resolve the matter themselves. Conciliation is not like a court hearing.
Is conciliation enforceable?
In the case of a matter referred for conciliation, during the pendency of the arbitral proceedings & the law so provides the settlement agreement can be enforced in the same manner as an arbitral award on agreed terms.
What are the disadvantages of conciliation?
- Conciliation is about getting an outcome rather than “justice” which means compromise by both sides is necessary for settlement;
- Conciliators don't carry the same authority as judges/commissioners;
- There is no independent determination of a claim in a conciliation/mediation;
What is the function of 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.
What is a motion for conciliation?
Conciliation is a method for resolving disputes in divorce and family law cases through the use of a neutral third-party individual who assists the parties in reaching resolution by identifying areas of agreement as well as discussing the strengths and weaknesses of the parties' respective positions.
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 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.
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.