THE LEGAL MEANING OF CONCILIATION
Conciliation is an alternative out-of-court dispute resolution instrument, basically is for reconciliation of dispute. Like mediation, conciliation is a voluntary, flexible, confidential, and interest based process. The parties seek to reach an amicable dispute settlement with the assistance of the conciliator, who acts as a neutral third party.
The main difference between conciliation and mediation proceedings is that, at some point during the conciliation, the conciliator will be asked by the parties to provide them with a non-binding settlement proposal. The decision making is not necessary binding on the parties, the conciliator tries all possible mechanism to resolve the dispute between the parties.
Conciliation is a voluntary proceeding, where the parties involved are free to agree and attempt to resolve their dispute by conciliation. The process is flexible, allowing parties to define the time, structure and content of the conciliation proceedings. These proceedings are rarely public. They are interest-based, as the conciliator will when proposing a settlement, not only take into account the parties' legal positions, but also their; commercial, financial and / or personal interests.
Like in mediation proceedings, the ultimate decision to agree on the settlement remains with the parties.
There is a different form of conciliation that, instead of a linear process of bilateral negotiation, employs deep listening and witnessing. Conciliation literally means: "Process of bringing people together into council". In this second definition, a conciliator is not so much focused on goals and objectives preset by the parties, but more focused on assisting parties to come together to resolve conflicts on their own. Many people in trying to resolve conflict independently come up with solutions that turn into goals based on understanding only a portion of the whole issue. By helping parties understand deeply where all are coming from, different and new solutions emerge from this deep understanding. The conciliator is in service to this deep witnessing between all parties involved. At times when two or more parties are not ready to neither face each other nor communicate with each other directly, the conciliator helps parties to understand their own perspective, feel more empowered to speak their truth and represent their own needs in a future dialogue with the other parties to the conflict. The conciliator addresses any power disparities perceived by any party in a safe manner. The ensuing dialogue in this form of conciliation can - with the parties' wishes - involve the conciliator as a facilitator until the parties feel comfortable to communicate on their own. This form of conciliation is non-linear and involves an informal method of reconciliation between people who do not necessarily need to negotiate legal issues such as property rights or tort injuries. It can also involve more emotional and passionate elements as tangible and historical topics emerge as the root causes of the conflict. Most successful people who work in conciliation quietly persevere and allow the progressive movements in the parties' healing guide them. More about this process can be found at Consulting & Conciliation Service.
The mechanism of conciliation should always be put in place by parties in their respective agreement. This will helps to create mutual benefit between parties, which basically gives room for party autonomy, expertise of decision making, and ensure confidentiality. On this note always consult a transactional lawyer in drafting of agreement for best mechanism of dispute resolution.
WRITTEN BY: CHAMAN LAW FIRM TEAM
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