Conciliation

What is Conciliation?

Conciliation is an alternative dispute resolution process where a neutral third-party helps people or groups in a disagreement find a satisfactory solution to their dispute. The process is typically informal, confidential, and voluntary, aiming to resolve conflicts without the need for formal legal proceedings like trial or arbitration. 

Key aspects of conciliation 

• Third-Party Neutral: A conciliator is an impartial specialist whose rôle is to facilitate communication, lower tensions, and improve the parties understanding of each other’s positions.
• Non-Binding Outcomes: Unlike a judge or an arbitartor, the conciliator does not have the authority to impose a decision or force a settlement upon the parties. The power to agree on a resolution remains with the parties themselves. 
• Focus on Agreement: The primary goal is for the parties to reach a mutually acceptable voluntary agreement that addresses their interests and needs.
• Flexibility and Speed: Conciliation is generally quicker and less costly that tranditional litigation, offering a flexible process that the parties can tailor to their needs. 
• Confidentiality: All information shared during conciliation remains confidential and cannot generally be disclosed in subsequent legal proceedings unless required for enforcement of the settlement agreement.

Benefits of Conciliation

While similar to mediation, a key distinction is that a conciliator may propose a non-binding settlement, whereas a mediator typically focuses solely on facilitating the parties own negotiations. If a settlement is reached during conciliation, a written agreement is often drafted and signed by the parties, which may then become legally binding and enforceable by a court. If the dispute is not resolved, the parties can still pursue other options, such as arbitration or traditional litigation.

Language of Conciliation Services

Conciliation sessions are conducted in English or French, at the choice of the parties. Interpretation services may be procured, at cost, for parties wishing to conduct conciliation in their native language.

Location of Conciliation Services

Conciliation sessions are held in a suitable location, that is one that reasonably guarantees the confidentiality of the process

Availability of Conciliation Services

The Conciliation service is available to communities in Canada.