Conciliation is an alternative dispute resolution process where an independent third party, the conciliator, helps people in a dispute to identify the disputed issues, develop options, consider alternatives and try to reach an agreement.
1. have specialist knowledge and give some legal information
2. suggest expert advice on the possible options for sorting out the dispute issues
3. actively encourage the participants to reach an agreement.
Conciliator will not:
1. take sides or make decisions
2. tell what decision to make, although they may make suggestions
3. decide who is right or wrong
4. provide counselling.
When is conciliation suitable?
Conciliation is likely to be suitable if you:
1. want to reach an agreement on some technical and legal issues
2. want assistance with the process
3. want to make the decision with the other participants involved
4. want advice on the facts in your dispute.
Conciliation may also be suitable if you have tried mediation and still cannot reach agreement with the other participants.
How about lawyers?
The participants' lawyers can usually be present during conciliation. Some conciliation processes do not require lawyers to participate. If you wish to have your lawyer participate in a conciliation process, you should discuss this with the conciliator before the process begins.
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