Conciliation Model Answer

• Conciliation is a more formal method of alternate dispute resolution. It involves a conciliator, an independent third party, who will actively assist the parties to resolve the dispute. It aims to avoid the adversarial conflict of the court room.
• ACAS offers a wide range of conciliation services by professionally qualified conciliators. It is used most often in employment disputes and all unfair dismissal claims must go before ACAS before they can go to a tribunal. 80% of such cases are settled through conciliation.
• It is a voluntary process which both parties must agree to. Generally, the conciliator will organise a meeting at a time and place convenient to all parties. The parties may attend with legal advisers but this is discouraged.
• Although the conciliator is neutral they have added powers of intervention so after listening to the grievances they can offer their opinion and suggest terms of settlement to the parties as well as advising on offers put forward by the parties during negotiations. This is the main difference between mediation and conciliation. Although it is encouraged that the two parties will be in the same room together with the conciliator, if the parties are unwilling to meet face-to-face then the conciliator can speak to them independently in separate rooms.
• The conciliator can help the parties define issues but parties themselves must find a solution to the dispute. Settlement cannot be forced upon them. The compromise is likely to be based on commercial common sense and this makes it easier for the companies to continue to do business with each other.
• If a settlement is reached, it can be set out in writing and becomes a legally enforceable document otherwise the parties may still have to go to court to get a formal decision