Conciliation

Conciliation is an alternative dispute resolution process whereby the parties to a dispute rely on a neutral third-party known as the conciliator, to assist them in solving their dispute. The conciliator, who may meet with the parties both separately and together, does this by; lowering tensions, improving communication, interpreting issues, and assisting parties in finding a mutually acceptable outcome.

Unlike litigation or arbitration, conciliation is a voluntary, confidential, and flexible method aimed at resolving conflicts without the need for formal legal proceedings. The conciliation process has no legal standing and the decision made by the conciliator is not binding. The conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award.

Conciliation process

The conciliation process begins when both parties agree to engage in it as a method of resolving a dispute.<ref name=":0">Template:Cite journal</ref> There are multiple uses for this form of alternative dispute resolution including transnational intellectual property,<ref name=":2" /> legislative assemblies,<ref>Template:Cite journal</ref> peace efforts,<ref>Template:Cite journal</ref> and other areas of community concern.<ref>Template:Cite journal</ref><ref>Template:Cite journal</ref> This can be either part of an outline contract that was handled before the dispute arose<ref>Template:Cite journal</ref> or after a dispute arises.<ref>Template:Cite journal</ref><ref>Template:Cite journal</ref> Conciliation is a preferred method of dispute resolution compared to litigation or binding arbitration.<ref name=":2">Template:Cite book</ref> They select a conciliator by mutual consent<ref>Template:Cite journal</ref> or through an appointing institution.<ref>Template:Cite journal</ref> The conciliator then gathers information to understand the concerns and objectives of each side.<ref name=":1">Template:Cite journal</ref> The conciliator helps the parties move toward a resolution.<ref>Template:Cite journal</ref> In issues of international law this may include shuttle diplomacy.<ref name=":1" /><ref>Template:Cite book</ref>

Most successful "conciliators" are usually highly skilled negotiators.<ref name=":0" /> Some conciliators operate under the auspices of any one of several non-governmental entities,<ref>Template:Cite book</ref> or for governmental agencies such as the Federal Mediation and Conciliation Service in the United States.<ref>Template:Cite journal</ref><ref>Template:Cite journal</ref>