dispute resolution

What is conciliation?

Conciliation is a form of Alternative Dispute Resolution (ADR).

It is a way of resolving a dispute without going to court and is similar in some ways to mediation.

It is generally used for employer-employee disputes rather than commercial disputes.

Because it is a voluntary process, both parties must agree to it before the process can begin.

Appointing a conciliator

An independent conciliator is appointed to discuss the issues with both parties and help them come to an agreement between themselves.

It is rare for the parties to all meet and discuss the issues with the conciliator. Usually discussions will take place separately.

The role of the conciliator

The conciliator might try to help the parties resolve their issues by encouraging them to improve communications, lower tensions and explore solutions. A settlement can then be negotiated.

Unlike arbitration, the conciliator isnít able to seek evidence or make decisions or awards.

Disputes between employer and employee

With disputes between an employer and their employee(s), conciliation can be used to resolve an issue before the employee makes a claim to an employment tribunal.

If a claim has already been made, conciliation can still be used to try and resolve the issue before the hearing.

Let us help

For more information about conciliation and how to settle your dispute, please contact Daniel Zakis or Alison Willis on 0121 705 7571.

Or email danielzakis@wallacerobinson.co.uk or alisonwillis@wallacerobinson.co.uk

Further reading:

Alternative Dispute Resolution (ADR) (Dispute Resolution)

What is Mediation and how can it help? (Dispute Resolution)

Resolving disputes in the workplace (Dispute Resolution)

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