Conciliation is a voluntary, party-driven, and confidential method of Alternative Dispute Resolution (ADR) in which an independent and impartial third party, known as a conciliator, assists disputing parties in resolving their differences through structured dialogue and negotiation. The primary objective of conciliation is to facilitate an amicable settlement by fostering mutual understanding and cooperation, rather than determining rights through adversarial adjudication.Unlike arbitration or judicial proceedings, conciliation is inherently non-binding in nature. The conciliator does not possess the authority to adjudicate, impose decisions, or issue enforceable awards. Instead, the conciliator plays a facilitative and advisory role—helping parties identify underlying interests, clarify issues in dispute, explore settlement options, and negotiate terms that are mutually acceptable and legally sustainable.
The conciliation process is characterised by its flexibility and informality, allowing parties to shape the procedure according to their specific needs while maintaining strict confidentiality. Statements, proposals, and communications made during conciliation are protected from disclosure and cannot ordinarily be used in subsequent legal proceedings, thereby encouraging open and candid engagement.
Conciliation is particularly effective in disputes where the preservation of relationships is of paramount importance, such as family, commercial, employment, partnership, and long-term contractual matters. By emphasising collaboration over confrontation, conciliation enables parties to achieve solutions that are practical, consensual, and future-oriented—often saving time, cost, and emotional strain when compared to traditional litigation.In essence, conciliation offers a dignified and constructive pathway to dispute resolution, empowering parties to retain control over the outcome while benefiting from the guidance of a neutral professional committed to fairness, balance, and amicable settlement.
