What is the Conciliation Process?

Question from rena, What is the Conciliation Process?

Answer from AI:

Conciliation is a voluntary, flexible, confidential, and interest based process. The parties seek to reach an amicable dispute resolution with the help of the conciliator, who acts as a neutral third party.

Steps in the Conciliation Process

The conciliation process typically involves the following steps:

1. Agreement to Conciliate: The process begins when the parties agree to use conciliation as a method to resolve their dispute.
2. Selection of the Conciliator: The parties select a neutral third party, the conciliator, who will assist them in negotiating a settlement.
3. Submission of Briefs: The parties submit briefs to the conciliator describing their positions.
4. Joint Meeting: The conciliator may bring the parties together for a joint meeting to discuss their issues.
5. Private Meetings: The conciliator may also hold private meetings with each party.
6. Negotiation: The conciliator helps the parties to negotiate a settlement.
7. Agreement: If a settlement is reached, the parties sign a binding agreement.

Role of the Conciliator

The conciliator’s role is to facilitate communication, help clarify issues and guide the parties toward a mutually beneficial resolution. Unlike a judge or arbitrator, the conciliator does not decide the dispute. The conciliator helps the parties to voluntarily reach an agreed settlement.

When to Use Conciliation

Conciliation can be an effective option for resolving disputes where parties have a relationship they want to preserve, such as business or family relationships. It can be used in a variety of disputes, including commercial, consumer, family and employment disputes.

Legal Advice and Conciliation

While the conciliation process is designed to be user-friendly, it may be beneficial to seek legal advice before entering into conciliation, especially if the dispute involves substantial rights or legal complexities. A lawyer can help you understand your rights and obligations, evaluate your options, and prepare for the conciliation process.

Remember, this information is a general guide and not a substitute for legal advice. You should consult with a legal professional for personalized advice. For more information on conciliation, you can visit the Advisory, Conciliation and Arbitration Service (ACAS) or the Citizens Advice websites.