conciliation mediation

1. What is conciliation and mediation?
2. What's the difference between mediation and conciliation?
3. What is conciliation process?
4. What are the 5 steps of mediation?
5. Is conciliation legally binding?
6. What are the advantages of conciliation?
7. Who appoints conciliator?
8. What comes first arbitration or mediation?
9. What are the disadvantages of conciliation?
10. What can I expect at a conciliation hearing?
11. What happens when conciliation fails?

What is conciliation and mediation?

Conciliation-mediation is a mode of dispute settlement that brings together two disputing parties to negotiate and settle their differences. It is a process of rational and orderly discussion of differences between the parties to a dispute under the guidance of a Conciliator-Mediator.

What's the difference between mediation and conciliation?

Conciliation is similar to mediation, in that a conciliator will help disputing parties to come to a mutually agreeable solution. ... Conciliation can be voluntary or court ordered. It can be the next step if mediation has been unsuccessful, and can be ordered by the courts if they deem it necessary.

What is conciliation process?

Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute use a conciliator, who meets with the parties both separately and together in an attempt to resolve their differences.

What are the 5 steps of mediation?

There are essentially 5 steps to a successful mediation. They are comprised of the introduction; statement of the problem; information gathering; identification of the problems; bargaining; and finally, settlement.

Is conciliation legally binding?

No. A conciliator cannot take sides, cannot make decisions about who is right or wrong, and cannot give legal advice. The conciliator is impartial. They are there only to help the two sides sort the complaint out.

What are the advantages of conciliation?

Advantages of conciliation:

• Flexibility: Since the conciliation process is informal, it is flexible.
• The conciliator is often an expert in the disputed field.
• Conciliation proceedings, like any other form of ADR, is economical as compared to litigation.

Who appoints conciliator?

The Conciliation is generally conducted by an officer appointed by Government under Industrial Disputes Act, 1947. Industrial Disputes Act, 1947 provides provisions for the parties to settle disputes through Negotiation, Mediation and Conciliation, for example Section 12 , Section 18 , etc.

What comes first arbitration or mediation?

First comes mediation, arbitration, or law suit. here in California. ... The mediation process is private and confidential, as opposed to trials, which are public. It takes less time to mediate a dispute and with much less expensive (both parties share the cost).

What are the disadvantages of conciliation?

The Cons: The main downside to conciliation is that it relies on the parties accepting the authority of the conciliator and wanting to achieve a resolution. If either of the parties involved do not enter the process with the right attitude, then it may prove a waste of time and money.

What can I expect at a conciliation hearing?

The conference is focused solely on custody, not divorce or support. The custody conciliator will ask questions and make suggestions about possible solutions to conflicts. There is no court reporter present for the conference and no formal record made. The custody conciliator relies on his or her notes.

What happens when conciliation fails?

If a dispute is not resolved through Conciliation, a party in dispute may request the CCMA to resolve the dispute by arbitration if it is one of those that can be arbitrated. In some instances, the arbitration hearing may follow the conciliation hearing on the same day. ...