Advantages of the conciliation procedure

“The court in this country should not be a place where the resolution of a dispute begins. It should be a place where the dispute is considered after all methods of alternative resolution have been tried by the parties.”

Sandra Day O’Connor (first woman appointed as Supreme Court Justice in the United States - 1981)

The courts are the institution without which society would function in constant chaos. Their importance is undeniable, but in practice there are types of disputes arising between individuals and legal entities that can be resolved without the intervention of a judicial institution. Such types of disputes require a special order in which to be considered. Alternative dispute resolution (ADR), among which is conciliation, includes a variety of methods and techniques that allow the parties to reach an agreement within the framework of a special procedure.

In practice, ADR involves continuous efforts by a neutral third party who assists the disputing parties in reaching a mutually acceptable solution.

In conciliation, the dispute is resolved through the figure of the so-called conciliator. He/She conducts written correspondence by mail, email or meets with the parties in person. He/She assigns each of them to present their position on the dispute. He/She invites them to present evidence and indicates what it is, if necessary. If necessary, he/she may meet with the parties - with each separately, together or in the presence of an expert in connection with clarifying facts and circumstances relevant to the dispute.

In conciliation procedures, there are no formal barriers that lead to the termination of cases in the courts /such as the limitation of terms/, since each body independently determines the rules by which it operates. The only condition of the procedure is that it be carried out within 60 days.

The main characteristic of conciliation, which distinguishes it from judicial procedures, is its flexibility. The choice of a conciliation body does not require consent to use it before the dispute arises; it is referred to by the parties after the conflict has arisen. At the same time, participation in a conciliation procedure does not block the parties from filing a lawsuit in court. If the parties so wish, the conciliation proposal can be accepted by each of them and become an agreement that can be approved by the court and become enforceable.

In short, the advantages of conciliation are as follows:

Flexibility and speed: Conciliation is an informal procedure, which allows for flexibility and speed of the procedure.
Expert knowledge: The conciliator is most often an expert and knows the nature of the dispute. Such specialized knowledge is necessary in disputes with utility providers - electricity, financial services, telecommunications, etc.
Cost-effectiveness: Conciliation procedures do not involve the payment of high court fees and attorney fees, as in court procedures. A particularly suitable means for disputes with small material interest.