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Conciliation is a part of ADR alternative dispute resolution whereby the parties to a dispute use a conciliator who meets the requirements of both parties.

Conciliation

Conciliation is a part of ADR “alternative dispute resolution” whereby the parties to a dispute use a conciliator who meets the requirements of both parties; the conciliator will hold meetings with the parties both separately and together attempt to resolve their differences.

Conciliation is a part of ADR alternative dispute resolution whereby the parties to a dispute use a conciliator who meets the requirements of both parties; the conciliator will hold meetings with the parties both separately and together to attempt to resolve their differences. They do this by lowering tensions, improving communications, eliminating misunderstanding or interpreting issues to encourage parties to explore potential solutions and assisting parties in finding a mutually acceptable outcome. The conciliation itself has no legal standing, and the conciliator has no authority to seek evidences or call witnesses or have any rights to decide in favor of either party or to decide the dispute. Also, conciliation differs from mediation in one way which the parties in conciliation aims to keep or maintain the relationship with the other party. The deep understanding of the nature of the dispute and the willingness of the party to resolve are essential to overcome it.

 

Why parties need a conciliator?

Its old practices root back to the primitive ages where people used to refer their issues to the tribe leader or father to resolve it. However, by the common law at the time conciliators had the advantage that does not exist now, they used to decide the disputes, and their decisions were enforceable by the custom law. And because of the absence of the court system and the simplicity of the issues raised at that time, the conciliator job did not require any special skills. However, nowadays, the conflicts become more complicated, and humans created a burden for their activities protected by the law, so even if a simple agreement is being sought, you better make sure it is in line with the law governing it. Also, a big part of solving any issue is to understand and digest it. So, it is recommended to use a professional conciliator who has a comprehensive understanding of the subject matter and legal background.