Who decides on conciliation?

 

Parties themselves can choose to go to conciiation. Their lawyers can advise them to do so.

 

Who attends conciliation?

 

In consultation with the consiliator, each party can arrange to bring one or more people to support or represent them at the conciliation. It is more common to have legal counsel at a conciliation.

 

What is the goal of conciliation?

 

In a conciliation the parties meets with the conciliator sometimes together and sometimes separately in an attempt to resolve their differences. They do this by lowering tensions, improving communications, interpreting issues, providing technical assistance, exploring potential solutions and bringing about a negotiated settlement.

 

What is the difference between Conciliation and Mediation?

 

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 assist the discussion in a way that optimizes parties needs, takes feelings into account and reframes representations following the LEADR process.  A conciliation may be more directed by the parties or their counsel.

 

What is the difference between Conciliation and Arbitration?

 

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.