by Yuvi - January 27, 2023

What is conciliation?

Conciliation is a form of alternative dispute resolution (ADR) that involves the use of a neutral third party, known as a “conciliator,” to assist disputing parties in reaching a mutually acceptable settlement. The process of conciliation is informal, voluntary, and confidential and is used to resolve disputes in a wide range of areas, including employment, family, commercial, and community disputes.

The conciliation process typically begins with the disputing parties agreeing to participate in conciliation, and the conciliator being appointed. The conciliator will then meet with the parties separately or together, to understand the issues in dispute and the positions of each party. The conciliator will then work with the parties to identify the underlying interests and needs of each party and explore options for resolving the dispute.

Benefits of Conciliation

One of the key benefits of conciliation is that it allows the parties to retain control over the outcome of the dispute. Unlike arbitration or litigation, where a third party makes a decision, in conciliation, the parties are responsible for reaching a mutually acceptable settlement. The conciliator’s role is to assist the parties in identifying and exploring options for resolving the dispute, and facilitating communication and negotiation between the parties.

Another benefit of conciliation is that it is a relatively quick and cost-effective process. Conciliation proceedings can be completed in a matter of weeks or months, whereas litigation can take years to resolve. Additionally, conciliation proceedings are less formal and less expensive than arbitration or litigation, which can result in significant savings for the parties.

Is it suitable?

Conciliation can be a more suitable process for resolving certain types of disputes. For example, disputes involving personal or emotional issues, such as family disputes or disputes involving sensitive issues, may be better suited to conciliation than litigation. The informal and confidential nature of conciliation can provide a more comfortable environment for parties to discuss sensitive issues.

However, conciliation is not suitable for all types of disputes. For example, in cases where one party is unwilling to participate in conciliation, or where the dispute involves issues of public importance that need to be decided by a court, conciliation may not be appropriate.

Pros and cons of Conciliation

Pros of Conciliation:

1. Voluntary: Conciliation is a voluntary process, which means that both parties must agree to participate before the process can begin. This allows the parties to retain control over the outcome of the dispute.
2. Confidential: Conciliation proceedings are confidential, which means that the parties can discuss sensitive issues without fear of public scrutiny.
3. Quick and cost-effective: Conciliation proceedings can be completed in a matter of weeks or months, and they tend to be less formal and less expensive than arbitration or litigation.
4. Suitable for certain types of disputes: Conciliation can be a more suitable process for resolving disputes involving personal or emotional issues, such as family disputes or disputes involving sensitive issues.
5. Empowerment: Conciliation process allows parties to have more control over the outcome of the dispute.

Cons of Conciliation:

1. Not suitable for all types of disputes: Conciliation may not be appropriate for disputes that involve issues of public importance that need to be decided by a court, or in cases where one party is unwilling to participate in conciliation.
2. Lack of formal structure: The informal nature of conciliation can lead to a lack of structure and formality, which can make it difficult for parties to understand the process and their rights.
3. Limited Enforcement: Conciliation agreements are not legally binding and have no formal enforcement mechanism, which means that if one party does not comply with the agreement, the other party has limited options for redress.
4. Dependent on the conciliator: The success of conciliation proceedings is dependent on the skills and qualifications of the conciliator, which can vary widely.
5. No legal representation: Parties are not allowed to have legal representation during the conciliation process which can put some parties at a disadvantage.

FAQs

What is conciliation?

Conciliation is a form of alternative dispute resolution (ADR) that involves the use of a neutral third party, known as a conciliator, to facilitate a settlement between the parties in a dispute. The conciliator does not make a decision in the dispute, but rather helps the parties to reach an agreement on their own.

How does conciliation differ from arbitration?

In arbitration, a neutral third party, known as an arbitrator, makes a binding decision in the dispute. In conciliation, the neutral third party, known as a conciliator, facilitates a settlement between the parties, but does not make a decision.

Is conciliation a legally binding process?

Conciliation agreements are not legally binding, but they can be made into a legally binding contract if the parties agree to it.

Can parties have legal representation during conciliation?

No, parties are not allowed to have legal representation during the conciliation process.

Can conciliation be used for all types of disputes?

No, conciliation may not be suitable for disputes that involve issues of public importance that need to be decided by a court, or in cases where one party is unwilling to participate in conciliation.

Can conciliation proceedings be completed in a matter of days or weeks?

Yes, conciliation proceedings can be completed in a matter of days or weeks, and they tend to be less formal and less expensive than arbitration or litigation.

Are conciliation proceedings confidential?

Yes, conciliation proceedings are confidential, which means that the parties can discuss sensitive issues without fear of public scrutiny.

What happens if one party does not comply with the conciliation agreement?

Conciliation agreements are not legally binding and have no formal enforcement mechanism, which means that if one party does not comply with the agreement, the other party has limited options for redress.

Conclusion

In conclusion, conciliation is a form of alternative dispute resolution that can be effective in resolving disputes quickly, cost-effectively, and in a way that allows the parties to retain control over the outcome. However, it is not suitable for all types of disputes and the parties should consider all the options available before choosing the most appropriate method of resolving the dispute.