Conciliation

Conciliation refers to a method involved in alternative dispute resolution process ,where the    parties who are involved in the dispute ,decide to call for the  services of a conciliator to arrive at a mutually beneficial solution. The conciliator, then meets with the concerned parties separately with a view to resolve their disparities.

Conciliation Procedure:

• The first step is to ascertain a conciliator who must be a neutral third party. This can be taken care of by the disputants themselves or the assistance of institutions can be obtained. At the early session, a decision pertaining to the rights to attend the conciliation and the cost involved in the process has to be worked out. The usual practice is to share the cost of this session among the parties. Parties are encouraged to bring their lawyers with them. Parties are encouraged to seek the services of their preferred lawyers.
• During the next stage the parties are given the right to present their case and let out their feelings. The conciliator is expected to be a mere listener to the facts and evidences of the dispute, and identifies the issues pertinent to the case. One of the chief advantages of this process is that the sessions are assured of privacy and confidentiality. A brainstorming session is carried out to bring about resourceful ideas to resolve the dispute.
• If parties are not willing to disclose certain information in joint sessions, the Conciliator may request them to join for a private session
• The concluding stage is when the parties come to a mutual consensus and a written agreement is entered into for documentation purposes. The case should be monitored and reviewed at frequent intervals.

Advantages Of Conciliation:

• It is a flexible alternative to arbitration as well as litigation, for dispute resolutions as it is a voluntary process.
• In conciliation proceedings, the parties are given the liberty to withdraw from conciliation at any stage involved in the proceedings.
• The issued are settled the threshold of the dispute, thereby avoiding the process of litigation which would prove to be an expensive affair.

Questions:

• What kind of disputes require the assistance of conciliation to arrive at a mutually beneficial decision?
• What are the various types of Conciliation?