Advantages Conciliation

• Pro-Active Role of Conciliator

  Unlike a mediator who has to maintain an impartial position, the conciliator can be extremely pro-active. In addition to helping the parties to communicate, the conciliator can offer them advice and make suggestions to the parties in an attempt to help them reach an agreement. This is far more realistic than the impassive role of the mediator. Conciliators have considerable expertise and are often members of professional bodies such as ACAS. ACAS plays a very active role in resolving employment disputes. ACAS conciliators have vast experience that they can offer to both sides, having dealt with similar disputes in the past. Often, conciliators have more knowledge of their particular field than a judge who has to deal with a variety of different issues resulting in more disputes being resolved.
• Need Not Be Adversarial or Formal

  This means parties can maintain a relationship after the mediation has been completed. The Conciliator will try to help the parties reach a more amicable outcome that is suitable to all involved, eg a little flexibility over custody of children rather than one parent having sole custody. It avoids the problem with the court in which each side wants the other to lose. There is no clear outright winner or loser. This is especially helpful if it regards a custody of children, where there will still need to be a parental relationship.
• Cost-Effective

  Conciliation is often provided free. Many trade associations recognise the value of conciliation as a means of keeping their member out of court. In order to avoid court costs the trade association may be prepared to pay the costs of the conciliation. This encourages the parties to use conciliation rather than litigation. The Disability Rights Commission pays for conciliation in cases of disability rights in education. Even if there is a small cost of the conciliator’s services, this is still a lot cheaper than a court hearing as there are no court or legal costs to pay.
• Time

  Conciliation can be set up in a very short period of time. This results in the dispute being resolved a lot quicker than civil litigation which can take months for even the court hearing date. ACAS reports that they are able to resolve a dispute without going to a tribunal or court in 66% of cases. The CEDR claims that 80% of mediation and conciliation cases they are asked to act are settled. It has also been found that even if the actual conciliation session did not resolve the dispute, the parties are more likely to settle the case without going to court than in non-conciliated cases. There is also the possibility that the issues may at least have been clarified so any court hearing will be shorter than if conciliation had not been attempted.