conciliation


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Conciliation

The process of adjusting or settling disputes in a friendly manner through extra judicial means. Conciliation means bringing two opposing sides together to reach a compromise in an attempt to avoid taking a case to trial. Arbitration, in contrast, is a contractual remedy used to settle disputes out of court. In arbitration the two parties in controversy agree in advance to abide by the decision made by a third party called in as a mediator, whereas conciliation is less structured.

Conciliation is used in labor disputes before arbitration and may also take place in several areas of the law. A court of conciliation is one that suggests the manner in which two opposing parties may avoid trial by proposing mutually acceptable terms. In the past, some states have had bureaus of conciliation for use in Divorce proceedings.The federal government has established the Federal Mediation and Conciliation Service, an independent department devoted to settling labor disputes by conciliation and mediation, or settlement of disputes through the intervention of a neutral party.

Cross-references

Alternative Dispute Resolution.

conciliation

settlement out of court, usually by the assistance of a neutral third party. There is a current trend to use this method in family matters relating to children. It is already well established in employment matters. See ADVISORY CONCILIATION AND ARBITRATION SERVICE.
References in periodicals archive ?
It is worth mentioning here that Sarfaraz has already made a public apology explaining his position, as mentioned in point section D of Article 4.3.3.6 However, if conciliation isn't reached then Sarfaraz Ahmed will be issued a formal notice of charge.
Mr Yatani had directed both the TSC and Knut to show up for Tuesday's joint conciliation meeting.Mr Sossion said they were "shocked" that their employer did not turn up.
"On behalf of guards and the public and after several months since the original recommendation of independent conciliation, I am pleased that the RMT has now taken up the offer, where all options will be considered to achieve a resolution to this dispute.
It also goes to the credit of conciliation that being the process of win-win, the social partners are encouraged to come closer and demonstrate substantial amount of flexibility needed for diagnosing the complex and multifaceted issues and get the conflicting interests adjusted in such a way that the dignity and the worth of the negotiators are acknowledged9.
The Labour Inspection and Conciliation Services had recorded 101 strike notices in public industrial and commercial establishments during the first 11 months of 2017 against 77 during the same period in 2016 and 111 in 2015, i.e.
Supreme Court authorized judicial review of the Equal Employment Opportunity Commission's (EEOC's) pre-suit conciliation efforts to evaluate whether the EEOC met the requirements set forth in Title VII.
Accordingly, Working Group II ("WGII") - which is one of the six working groups established by UNCITRAL to perform the substantive preparatory work on topics within the commission's programme of work and which specifically relates to arbitration and conciliation - was requested to consider the Proposal, during its following meeting, and report back to UNCITRAL on the feasibility and possible form of work in that area.
Acas chief executive Anne Sharp said: "Early conciliation has given Acas conciliators the opportunity to do what they do best - to use a tried and trusted approach that helps save claimants and employers the cost, time and stress of an employment tribunal.
AS employers will be aware, in April 2014 the ACAS early conciliation (EC) procedure came into effect.
WORKERS throughout the West Midlands have been warned they could lose out over pay-offs due to major changes to rules governing employment tribunals and conciliation.
The case has the opportunity to change the way the Equal Employment Opportunity Commission (EEOC) brings suits against those who violate its laws, potentially expanding the window those offenders have to engage in conciliation with the commission prior to a suit being filed.