Mediation and conciliation share many features, but they also differ in a sigificant manner.

General

Mediation and conciliation helps people settle disputes without going to court.

Taking part in mediation or conciliation can save time, legal fees and court costs for you and the community. The mediation/ conciliation ground rules and facilitation skills of the mediator along with the evaluative skills of the conciliator make the environment informal, cordial and conductive to problem solving.

Some factors about your dispute that may make it particularly suited to mediation or conciliation, include the following:

• a willingness to participate in the dispute resolution process

• the possibility that a judge's decision will not end the dispute

• the need for parties to find a way to preserve their relationship

• the existence of non-monetary factors impacting or complicating the dispute and

• the potential for a negotiated outcome that better suits the needs and interests of the parties than a judge's decision - a win-win outcome not limited by legislative requirements.

Mediation or Conciliation - which is best?

The answer to this question is - it really depends on your dispute.

Agrimedi8 can assist you in making this decision.

Mediation

What is Mediation?

Mediation is a structured negotiation process in which an independent person, known as a mediator, assists the parties to identify and assess options and negotiate an agreement to resolve their dispute. Mediation is an alternative to a judge imposing a decision on the parties.

Importantly, the mediator “facilitates” productive discussion between parties in order to resolve the dispute. The mediator does not make recommendations to parties as the process promotes self-resolution.

What cases are suitable for mediation?

All cases, regardless of their complexity or number of parties, are suitable for mediation.

What happens?

The mediator's responsibility is to create an environment where effective communication between the parties forms a foundation for problem solving and agreement. A mediator facilitates the process by:

• gathering information about the dispute

• creating a conducive environment for the mediation process

• explaining the process and its ground rules

• managing the interaction between parties by maintaining control over the process and guiding focused discussion

• identifying and removing obstacles to communication between the parties

• facilitating communication between the parties using the various communication techniques.

• exploring the underlying interests

• assisting the parties to generate options

• motivating the parties to agree on mutually acceptable agreement

• assisting parties to come to agreement, if possible.

Conciliation

What is conciliation?

Conciliation shares many features of mediation in that it is more informal, faster, affordable, and efficient process than going to court. Alos like mediation, a qualified and neutral professional facilitates discussions between parties in dispute in order to achieve resolution.

Unlike mediation though, the conciliator takes a more interventionist role providing guidance, expressing an opinion or suggesting terms for a negotiated settlement. These terms are often based on policies, legisation or case law. Conciliators take on an active and advisory role in the dispute. Recommendations are made after the conciliator has met with parties separately and jointly to try and resolve the dispute, assisting parties in interpreting factual and legal issues, offering advice and advising of possible solutions.

What cases are suitable for conciliation?

All cases, regardless of their complexity or number of parties, are suitable for conciliation. However, it is particularly useful in disputes arounds policies, procedures and/ or legislation. Conciliation can be voluntary or court-ordered.

You would choose conciliation if you:

• have tried mediation, but have been unsuccessful in reaching a resolution of the dispute

• want a neutral conciliator experienced in issues in dispute who can move parties towards resolving the matter

• need assistance in reaching an agreement

• are involved in a complex dispute or where parties’ views are far apart

• need advice on the facts relating to the dispute.

Agrimedi8 can assist you in making this decision.

What happens?

The process is similar to mediation,as described above, but the conciliator takes a more “hands-on” or evaluative role in assisting parties to reach resolution.

Conciliators provide opinions as to the strengths and weaknesses of each partiies’ positions, and offer advice regarding possible outcomes.