Legal Definitions - conciliation procedure

A conciliation procedure is a structured process designed to help parties in a dispute reach a voluntary agreement with the assistance of an impartial third party, known as a conciliator. The conciliator actively facilitates communication, explores options, and may even suggest potential solutions, but does not impose a decision. The goal is for the parties themselves to agree on a mutually acceptable resolution, often to avoid more formal and adversarial legal proceedings.

Here are some examples of how a conciliation procedure might be applied:

• Workplace Dispute: Imagine a former employee believes they were unfairly dismissed from their job, while the employer maintains the dismissal was justified. To resolve this without going to an employment tribunal, a government labor relations agency might initiate a conciliation procedure. A conciliator from the agency would meet separately and jointly with the former employee and the employer. The conciliator helps them understand each other's perspectives, clarifies relevant legal rights and obligations, and suggests possible settlement options, such as severance pay or a letter of recommendation. The aim is for both parties to agree on a resolution.

  This example illustrates a conciliation procedure as a formal, structured process facilitated by a neutral third party (the agency's conciliator) to help disputing parties (employee and employer) find a mutually agreeable resolution without resorting to litigation.

• Consumer Complaint: Consider a situation where a customer purchased a major appliance that turned out to be faulty, and despite multiple attempts, the retailer refuses to offer a refund or replacement. The customer files a complaint with a national consumer protection body. This body might then initiate a conciliation procedure, assigning a conciliator to review the case. The conciliator contacts both the customer and the retailer, facilitating discussions, explaining consumer rights, and proposing solutions like a partial refund, a store credit, or a replacement from a different brand, aiming for an outcome acceptable to both sides.

  Here, the conciliation procedure is the established method used by the consumer protection body to mediate and actively suggest solutions for a dispute between a consumer and a business, aiming for a voluntary settlement.

• International Trade Dispute: Two neighboring countries have a disagreement over fishing rights in a shared border river, impacting their respective fishing industries. To prevent the dispute from escalating to international arbitration, they agree to engage in a conciliation procedure facilitated by a neutral international organization. A panel of conciliators reviews historical agreements, scientific data, and economic impacts, then proposes a framework for shared resource management and fishing quotas that both nations can consider adopting.

  This demonstrates a conciliation procedure as a formal, structured approach used in a complex international context, where a neutral third party actively proposes solutions to help sovereign states resolve a dispute voluntarily, avoiding more confrontational legal avenues.