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Conciliation

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A process whereby the parties to a dispute agree to retain the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences. Conciliation differs from Arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses. Conciliation differs from Mediation in that the parties seldom, if ever, actually face each other across the table.


If the conciliator is successful in negotiating an understanding between the parties, said understanding must be comitted to writing (usually through use of legal counsel) and signed by the parties, at which time it becomes a legally binding contract and falls under contract law. Many conciliators are highly skilled negotiators and operate under the auspices of several non-governmental and governmental agencies (such as the Federal Mediation and Conciliation Service).


See also Negotiation.