What to expect from conciliation?
Asked by: Prof. Tyrique Becker PhD | Last update: December 6, 2025Score: 5/5 (51 votes)
The conciliator may ask questions or allow the participants to ask questions. The participants discuss the circumstances of the dismissal and any issues. The employer and employee can negotiate and explore different settlements. In conciliation, any outcome is possible if both parties agree to it.
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.
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 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.
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.
The Conciliation Process
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.
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 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 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.
What is the next step after conciliation?
If the dispute is resolved, a commissioner has a duty to assist the parties to draft an enforceable agreement that brings the dispute to finality. The commissioner issues a certificate recording the outcome of the dispute. A signed settlement agreement is binding on the parties.
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?
Once a conciliator is assigned to the complaint, the Commission has a 60-day timeframe for the parties to: share information, and discuss any issues and concerns with the conciliator, meet to discuss the issues and options for resolution, and. finalize any agreements reached.
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.
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 do you wear to conciliation?
Wear Comfortable Clothing
Make sure your clothes are comfortable and fit well. Mediation can be a stressful process, and if your clothes are uncomfortable, you're probably going to look uncomfortable.
What happens during EEOC conciliation?
During conciliation, your investigator will work with you and the Charging Party to develop an appropriate remedy for the discrimination. We encourage you to take advantage of this final opportunity to resolve the charge prior to EEOC considering the matter for litigation.
What are the weaknesses of conciliation?
- Less control: Because the conciliator plays a more active role, parties may feel that they have less control over the final agreement.
- More formal: Conciliation can feel more like a court process, which may not suit those looking for a flexible, informal approach.
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 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.
Which is better arbitration or conciliation?
Yes, the decision reached in arbitration is legally binding and enforceable by law. However, the agreement reached through conciliation is not inherently legally binding unless the parties voluntarily decide to formalize it into a contract.
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 are the benefits of conciliation?
- Lower costs. Settling your dispute through conciliation will generally be less costly as it takes less time. ...
- More control over the outcome. You and the other party are in control of whether to settle the dispute and the details of your settlement. ...
- Confidential discussions.
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.
Can conciliation proceedings be terminated?
A conciliation may terminate with the issuance of the Report by the Commission (Additional Facility Conciliation Rules 43 to 45) or with a discontinuance order issued prior to the Commission's constitution (Additional Facility Conciliation Rule 42).
What to expect at a conciliation hearing?
WHAT HAPPENS AT THE HEARING? The conciliator is there to assist the parties and will decide the best and correct approach to follow in conciliating the dispute. The conciliator may start the process by meeting jointly with the parties and asking them to share information about the dispute.