conciliation

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Related to conciliations: arbitrate

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 classic literature ?
The old man summoned all who were capable of bearing arms to his side, and demanded, in very unequivocal terms, though in a voice that was suitably lowered, in order to escape the ears of their dangerous neighbours, whether they were disposed to make battle for their liberty, or whether they should try the milder expedient of conciliation. As it was a subject in which all had an equal interest, he put the question as to a council of war, and not without some slight exhibition of the lingering vestiges of a nearly extinct military pride.
One of these, is the State Hospital for the insane; admirably conducted on those enlightened principles of conciliation and kindness, which twenty years ago would have been worse than heretical, and which have been acted upon with so much success in our own pauper Asylum at Hanwell.
Without any conciliation of him, scarcely addressing him, rather speaking as if she were speaking to her own looking-glass for the justification of her own stubbornness, she said, as she gave them to him:
In the hard-grained face of Wegg, and in his stiff knotty figure (he looked like a German wooden toy), there was expressed a politic conciliation, which had no spontaneity in it.
Successful conciliations could minimize these losses by a big margin.
A direct consequence of this was an increase in labour unrest (mainly in the organised sector) leading to strikes and lockouts, and an apparent waning of faith (Philips 1956) in the Conciliation Mechanism, set up to deal with such crises.
Consequent to the aforementioned developments, there had been an increasing tendency amongst disputants to raise a token mandatory industrial dispute before the conciliation officer with the purpose of obtaining a reference for a summary judgement.
Conciliation on Colonial Frontiers: Conflict, Performance and Commemoration in Australia and the Pacific Rim
While courts have met these cases with varying degrees of responses, in a budget report released in early May 2014 by the House Appropriations Committee, lawmakers weighed in and expressed concern about the pursuit of litigation by the EEOC before engaging in "good faith conciliation efforts."
alleged unlawful employment practice by informal methods of conference, conciliation and persuasion." Indeed, the EEOC is precluded from filing suit unless it "has been unable to secure from the respondent a conciliation agreement acceptable to the Commission." However, as some employers have experienced, the conciliation process can move fairly quickly, and the only time constraint on the EEOC's ability to file suit is that it cannot do so within the first 30 days after receiving the original charge.