Disadvantages Conciliation

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Created by
Summer Hutchinson

Cards (4)

  • Imbalance of Power
    One party is usually weaker than the other, whether financially or emotionally meaning the weaker party could be intimidated by the stronger party. One party may feel the conciliator is not neutral in their comments and/or their suggestions. If one party feels the conciliator is not dealing with them equally, this may mean they are unable to reach a conciliated settlement.
  • Lack of Predictability
    Not bound by the strict rules of judicial precedent so does not have to follow decisions from previous cases. As a result it is impossible to accurately predict the outcome of conciliation and there is also no certainty that a settlement will even be reached as neither party has to accept the offers made. This combined with a lack of formal procedures within conciliation means that there is no consistent approach and justice for all as each dispute Is dealt with individually.
  • Not Legal Experts
    May struggle with complex matters of law. Conciliation may be more appropriate for commercial rather than personal disputes. In an employment dispute, both parties may welcome the advice and suggestions of the conciliator. However, this pro-active approach may be unwelcome when a divorcing couple are trying to settle the issues of custody of children. In this situation, the conciliator may appear to be getting involved in matters which are too personal to the parties. There is a narrow line between mediation and conciliation and as a result some organisations treat them as the same.
  • Not Legally Binding
    Not legally binding unless written down which means that if the parties concerned fail to honour a settlement reached they may end up in court anyway. This means it is difficult to enforce a conciliation settlement and that it can add a considerable amount of time onto the length of the process. Many people would prefer to go straight to litigation in the knowledge that the court will give an enforceable judgement and avoid any upset or confusion as well as not wasting time or money.