What Is Conciliation?
Conciliation is an Alternative Dispute Resolution (ADR) process whereby the parties in dispute try to reach an agreement with the assistance and advice of an impartial person – The Conciliator. The Conciliator advises the parties in dispute of their rights and obligations and helps the parties to achieve a settlement by steering negotiations towards an amicable conclusion.
Although bearing similarities to Mediation as an ADR, Conciliation has a few key differences, main one being the role of the Conciliator compared to the Mediator. While the Mediator will try and find common grounds between parties in view of making proposals for a settlement, a Conciliator will evaluate each party’s position, offer his/her opinion as to the relative merits and make proposals regarding the terms of settlement. Ultimately, the onus lies on the parties to decide whether or not to accept the Conciliator’s proposals. The Conciliator does not impose any proposal upon the parties.