What does conciliation mean in legal terms?
Conciliation is the act of adjusting or settling disputes in a friendly manner through out of court means. Conciliation means bringing two opposing sides together to reach a compromise in an attempt to avoid taking a case to trial.
What are the two types of conciliation?
informal conciliation; where disputes are addressed between a client and lawyer over the phone, by email or in writing. formal conciliation (otherwise known as a ‘conciliation conference’); where a client and lawyer meet to discuss, and try to resolve the issue with the help of a conciliator in attendance.
What is difference between arbitration and conciliation?
Arbitration is a formal process and can follow similar procedures to court proceedings where witnesses can be called and evidence can be presented to argue the parties’ respective cases. Conciliation is an informal process and normally involves a ’round table’ discussion.
What is the difference between mediation and conciliation?
Mediation is an alternative form of dispute resolution and is supported by an unbiased third-party mediator. With conciliation, the conciliator will play an advisory role and may intervene in order to offer feasible solutions to both parties and help settle their disputes.
Is conciliation legally binding?
Depending on the setting, outcomes may or may not be confidential. Outcomes may be legally binding or there may be an option to make them so. Conciliation can be voluntary, court ordered or agreed upon in a contract. Conciliation is often part of a court, tribunal or government agency procedure.
What is an example of conciliation?
Typical examples of the types of issue dealt with in the conciliation process include claims for improvements in pay or conditions of employment, disciplinary cases, grading issues, disputes arising from proposed changes to the way work is done, company restructuring etc.
What is the process of conciliation?
The Process of Conciliation Conciliation proceedings have four main steps: (1) meeting, (2) statement, (3) suggestion, and (4) agreement. It is important to note that conciliation is not a linear process, and the parties can move between the stages and back and forth as needed.
Is a conciliation decision binding?
Conciliation is an alternative dispute resolution method in which an expert is appointed to resolve a dispute by convincing the parties to agree upon an agreement. That decision made by the arbitrator is binding in the same way as a court decision. However, a conciliator has no right to enforce his decisions.
Who decides the outcome in conciliation?
A conciliator does not decide who is right or wrong, take sides, or make a decision about the outcome. It is the participants who decide the outcome.
What happens in a conciliation?
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 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 are the disadvantages of conciliation?
The Cons: The main downside to conciliation is that it relies on the parties accepting the authority of the conciliator and wanting to achieve a resolution. If either of the parties involved do not enter the process with the right attitude, then it may prove a waste of time and money.