Conciliation

Conciliation process

The conciliation process begins when both parties agree to engage in it as a method of resolving a dispute. There are multiple uses for this form of alternative dispute resolution including transnational intellectual property, legislative assemblies, peace efforts, and other areas of community concern. This can be either part of an outline contract that was handled before the dispute arose or after a dispute arises. Conciliation is a preferred method of dispute resolution compared to litigation or binding arbitration.

Parties may select a conciliator by mutual consent, or through an appointing institution. The conciliator then gathers information to understand the concerns and objectives of each side. The conciliator helps the parties move toward a resolution. In issues of international law, this may include shuttle diplomacy.

Most successful "conciliators" are usually highly skilled negotiators. Some conciliators operate under the auspices of any one of several non-governmental entities, or for governmental agencies such as the Federal Mediation and Conciliation Service in the United States, and the Advisory, Conciliation and Arbitration Service (Acas) in the United Kingdom. Acas' staff include a Chief Conciliator supported by a team of conciliators.

References

References

1. Peters, Edward. (1958). "The Mediator: A Neutral, a Catalyst or a Leader". Labor Law Journal.
2. (2012-12-21). "Explaining negotiations in the conciliation committee". European Union Politics.
3. (2011). "Powerful State, Powerless Mediator: The United States and the Peace Efforts of the Palestine Conciliation Commission, 1949–51". The International History Review.
4. (1974–1975). "Conciliation and Arbitration in the Native Village and the Urban Ghetto". Judicature.
5. Gentle, Terry W. Jr. (1999–2000). "Rethinking Conciliation under the Fair Housing Act". Tennessee Law Review.
6. Mason, Anthony. (1998). "Mediation and Art Disputes". Art Antiquity and Law.
7. Chalmers, W. Ellison. (1948). "The Conciliation Process". ILR Review.
8. Wenying, Wang. (2005). "The Role of Conciliation in Resolving Disputes: A P.R.C. Perspective". Ohio State Journal on Dispute Resolution.
9. Han, Zheng. (2008). "Managing Foreign Research and Development in the People's Republic of China". Elsevier.
10. Mohanty, Pragnya Paramita. (2023). "Nature of Conciliation Process and Conciliator's Duties and Power". Indian Journal of Law and Legal Research.
11. Annandale, Christopher. (1993). "Make Way for the Conciliator". International Financial Law Review.
12. Irvin, James. (1969-01-01). "The Role of Law in the Negotiated Settlement of International Disputes". Vanderbilt Journal of Transnational Law.
13. Coe, Jack J. Jr. (2005). "Toward a Complementary Use of Conciliation in Investor-State Disputes - A Preliminary Sketch". U.C. Davis Journal of International Law & Policy.
14. (2020). "Flexibility in international dispute settlement: conciliation revisited". Brill Nijhoff.
15. (2001). "Building Sustainable Peace: Conflict, Conciliation, and Civil Society in Northern Ghana". Oxfam.
16. Mareschal, Patrice M.. (1998). "Insights from the Federal Mediation and Conciliation Service". Review of Public Personnel Administration.
17. Strimling, Andrea. (2002). "The Federal Mediation and Conciliation Service: A Partner in International Conflict Prevention". Pepperdine Dispute Resolution Law Journal.
18. Advisory, Conciliation and Arbitration Service, [https://www.acas.org.uk/joanna-nunn-announced-as-new-chief-conciliator-at-acas Joanna Nunn announced as new Chief Conciliator at Acas], published on 31 October 2025, accessed on 21 November 2025