conciliation

Conciliation is a form of dispute resolution in which a neutral third party, the conciliator, assists disputing parties in reaching a voluntary agreement. Unlike formal adjudication, conciliation is typically non-binding and aims to produce a settlement rather than a decision imposed by a judge or arbitrator. The conciliator helps identify issues, clarify interests, and explore compromises, sometimes offering non-binding proposals or options for resolution. The term derives from the Latin conciliare, meaning to bring together.

In legal contexts, conciliation may occur before or alongside court proceedings and can be mandated by statute or court rules in some jurisdictions. It is widely used in areas such as labor relations, commercial disputes, family matters, and international diplomacy. The exact role of the conciliator and the status of any resulting agreement vary by jurisdiction, but the core function is to facilitate agreement rather than determine rights.

Process typically involves opening statements, joint sessions, and private caucuses where parties discuss interests and barriers to settlement. The conciliator may propose solutions, help evaluate legal considerations and settlement ranges, and assist in drafting a settlement agreement. Confidentiality is commonly emphasized to encourage open communication.

Advantages of conciliation include speed, cost savings, preservation of relationships, and flexibility in creative settlements. Limitations include dependence on voluntary participation, potential power imbalances between parties, and concerns about enforceability if a formal agreement is not subsequently adopted by a court or statute. Conciliation is often compared with mediation and arbitration, lying on a spectrum from collaborative settlement to binding decision-making.