conciliation

    Cards (6)

    • conciliation involves an impartial 3rd party (conciliator) that facilitates a discussion between parties, conciliator makes suggestions about how to solve the problem, but the parties will decide what the final outcome will be
    • outcome is non-binding and process is voluntary
    • conciliation is appropriate when a relationship between the parties will continue and both parties are prepared to meet in a spirit of compromise
    • conciliation is appropriate when a defendant admits liability and the only issue to be determined is the amount to be paid
    • conciliation is innapropriate when overwhelmed emotion mioght interfere with the negotiating process and there is a history of violence and threatening behaviour
    • conciliation is innapropriate when one or both parties are unwilling to try to reach a mutual agreement or there is a gross imbalanace of power
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