Conciliation in ADR– Alternative dispute resolution (ADR) is a way of resolving disputes o through conciliation, negotiation, mediation, arbitration.
Conciliation in ADR
One of the most effective methods of ADR is conciliation, a process where a neutral third party helps parties in a dispute reach an agreement. In this article, we will explore what conciliation is, how it works, and why it is a preferred method of ADR.
Conciliation is a form of ADR that involves a conciliator who is appointed by the parties involved in a dispute or by a court. The conciliator is an impartial and neutral third party who facilitates negotiations between the parties, helps them identify common ground, and assists them in finding mutually acceptable solutions. The conciliator does not have any decision-making power but can offer suggestions and advice to the parties.
The conciliation process begins with the conciliator meeting with each party separately to gain an understanding of the issues and concerns. The conciliator then brings the parties together and facilitates a discussion where they can express their positions and interests. The conciliator encourages the parties to communicate directly with each other, helping them to understand the other’s perspective and to identify areas of agreement and disagreement.
Once the parties have identified areas of agreement, the conciliator helps them to negotiate a mutually acceptable settlement. The conciliator can offer suggestions and advice on possible solutions, but ultimately the decision-making power lies with the parties. The parties are free to accept or reject any proposal made during the conciliation process.
Conciliation has several advantages over other forms of ADR.
Firstly, it is a voluntary process, and the parties have complete control over the outcome of the dispute. They are free to withdraw from the process at any time if they feel that it is not working for them.
Secondly, the process is confidential, and the parties can speak freely without fear of their words being used against them in court.
Thirdly, conciliation is a flexible process that can be adapted to suit the needs of the parties. The conciliator can tailor the process to the specific issues and concerns of the parties, and the process can be conducted in person, over the phone, or online.
Fourthly, conciliation is generally quicker and less expensive than going to court, and it allows the parties to maintain a positive relationship even after the dispute has been resolved.
Conciliation is particularly useful in resolving disputes between parties who have an ongoing relationship, such as business partners, neighbours, or family members. It allows the parties to reach a mutually acceptable solution that takes into account their interests and concerns, and it can help to preserve their relationship going forward.
In conclusion, conciliation is a valuable tool in resolving disputes outside of court. It is a flexible, confidential, and voluntary process that allows parties to maintain control over the outcome of the dispute. By engaging in conciliation, parties can avoid the time, expense, and uncertainty of going to court and can preserve their relationship going forward.