5/18/2019 Conciliation

In this section

Conciliation
Conciliation is an ADR 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.

A conciliator may have professional expertise in the subject matter in dispute and will generally
provide advice about the issues and options for resolution. However, a conciliator will not make a
judgment or decision about the dispute.

Conciliation may be voluntary, court ordered or required as part of a contract. It is often part of a court
or government agency process.

About the conciliation process

The role of conciliators is similar to that of mediators except that the conciliator may also:

have specialist knowledge and give you some legal information

suggest or give you and the other participants expert advice on the possible options for sorting
out the issues in your dispute
actively encourage you and the other participants to reach an agreement

The conciliator will not:

take sides or make decisions

tell you what decision to make, although they may make suggestions
decide who is right or wrong
provide counselling

Conciliation is usually held face to face, so that you can talk to each other directly. However, you may
also have separate sessions with the conciliator.

Sometimes the conciliator can act as a 'messenger' by talking to you and the other participants
separately and communicating ideas or proposals between you. It is also possible to hold conciliation
sessions by telephone in some circumstances.

When is conciliation suitable?

Conciliation is likely to be suitable if you:

want to reach an agreement on some technical and legal issues

want assistance with the process
want to make the decision with the other participants involved
want advice on the facts in your dispute.

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5/18/2019 Conciliation

Conciliation may also be suitable if you have tried mediation and still cannot reach agreement with the
other participants.

What role do lawyers or experts play?

The participants' lawyers can usually be present during conciliation. In some cases, experts may also
be present. Some conciliation processes do not require lawyers to participate. If you wish to have your
lawyer participate in a conciliation process or have experts attend, you should discuss this with the
conciliator before the process begins.

The information on this site is a guide only and is not legal advice - see disclaimer.

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