Define: Conciliation

Conciliation in law refers to a voluntary dispute resolution process where an impartial third party, known as a conciliator, assists parties in reaching a mutually acceptable agreement. Unlike mediation, where the mediator facilitates communication between the parties, in conciliation, the conciliator may actively propose solutions and help bridge differences. Conciliation is often used in civil disputes, family law matters, and labor disputes as an alternative to litigation. The process is confidential, informal, and flexible, allowing parties to maintain control over the outcome of their dispute while avoiding the time, expense, and uncertainty of going to court. If successful, the parties sign a written agreement, which becomes legally binding. If no agreement is reached, parties may still pursue other dispute resolution methods, including arbitration or litigation.

Conciliation is a legal process in which a neutral third party, known as a conciliator, assists parties in resolving their disputes through negotiation and communication. The conciliator facilitates discussions between the parties, helping them to identify common interests and find mutually acceptable solutions. Unlike mediation, the conciliator may actively propose solutions and make recommendations to the parties. The goal of conciliation is to reach a voluntary agreement that satisfies the interests of all parties involved. The process is confidential, and any agreement reached through conciliation may be legally binding if the parties choose to formalise it.

The process of adjusting or settling disputes in a friendly manner through extra-judicial means. Conciliation means bringing two opposing sides together to reach a compromise in an attempt to avoid taking a case to trial. arbitration, in contrast, is a contractual remedy used to settle disputes out of court. In arbitration, the two parties in controversy agree in advance to abide by the decision made by a third party called in as a mediator, whereas conciliation is less structured.

Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute (including future interest disputes) agree to utilise the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences. Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award. Conciliation differs from mediation in that the main goal is to conciliate, most of the time by seeking concessions. In mediation, the mediator tries to guide the discussion in a way that optimises parties’ needs, takes feelings into account, and reframes representations.

Conciliation is used in labour disputes before arbitration and may also take place in several areas of the law. A court of conciliation is one that suggests the manner in which two opposing parties may avoid trial by proposing mutually acceptable terms. In the past, some states have had bureaus of conciliation for use in divorce proceedings.

Methods

In conciliation, the parties seldom, if ever, actually face each other across the table in the presence of the conciliator. This latter difference can be regarded as one of species to genus. Most practicing mediators refer to the practice of meeting with the parties separately as “caucusing” and would regard conciliation as a specific type or form of mediation practice—”shuttle diplomacy”—that relies exclusively on caucusing. (All the other features of conciliation are found in mediation as well.)

If the conciliator is successful in negotiating an understanding between the parties, said understanding is almost always committed to writing (usually with the assistance of legal counsel) and signed by the parties, at which time it becomes a legally binding contract and falls under contract law.

Effectiveness

Recent studies in the process of negotiation have indicated the effectiveness of a technique that deserves mention here. A conciliator assists each of the parties to independently develop a list of all of their objectives (the outcomes that they desire to obtain from the conciliation). The conciliator then has each of the parties separately prioritise their own list from most to least important. She then goes back and forth between the parties and encourages them to “give” on the objectives one at a time, starting with the least important and working towards the most important for each party in turn. The parties rarely place the same priorities on all objectives and usually have some objectives that are not on the list compiled by parties on the other side. Thus, the conciliator can quickly build a string of successes and help the parties create an atmosphere of trust that the conciliator can continue to develop.

Most successful conciliators are highly skilled negotiators. Some conciliators operate under the auspices of any one of several non-governmental entities and for governmental agencies such as the Federal Mediation and Conciliation Service, an independent department devoted to settling labour disputes by conciliation and mediation, or settlement of disputes through the intervention of a neutral party.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 10th April, 2024.