However well-constructed commercial agreements are, disputes will almost always arise in business. Rather than going straight for potentially costly court proceedings to resolve such issues, an ADR solicitor can advise on less adversarial procedures which are available to try instead. Conciliation is one of these and it is an important tool for solving conflict outside of the courtroom. It is a flexible, voluntary and confidential process with a neutral third party as a conciliator, the aim being to reach a mutually agreed dispute settlement.
Conciliation is a more creative type of alternative dispute resolution than certain other methods. It is completely voluntary and there will be a variety of options to choose from to help determine the outcome. It differs from mediation in that at some point the parties will ask the conciliator for a non-binding settlement proposal. Thus, the conciliator plays an active role in decision making, but it is not incumbent upon the parties to accept it. The ultimate decision always rests with the parties themselves.
Alternative dispute resolution solicitors with Oratto
Oratto is an online platform, offering access to lawyers who are highly trained and experienced in all aspects of conciliation. Having solid legal advice early on in your ADR process is vital to secure a swift and mutually beneficial outcome. Going through conciliation also means that if the matter does end up in court, the issues will already be recognised and simplified, meaning the likelihood of a more straightforward solution.
To connect with an Oratto member ADR solicitor, choose from the list of lawyers on this page, or contact Oratto directly with your requirements and we will use the Oratto Match function to select the best solicitor for your needs.
The flexible element of the conciliation process is a big advantage. It means that parties are free to set the structure, time and content of the proceedings themselves. The process is also an interest-based one; financial, commercial and personal interests will be taken into account by the conciliator, prior to being asked for their opinion. Other benefits include:
- Assured confidentiality - usually agreed upon and allows completely free discussion of sensitive information and for disputes to be settled discreetly.
- Parties can select a conciliator to suit their individual needs - they can decide their own personal criteria for selection, encompassing cultural and language skills, professional and personal expertise and availability. The only requirements for a conciliator is that they are independent and impartial.
- It is a time and cost effective process - due to its flexibility and informality.
- Complete autonomy - for the parties, in terms of structure, place, language and content.
For specialised legal advice on any aspect of the conciliation procedure, contact Oratto today.