What’s a conciliator’s role?

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A conciliator is a peacemaker. She is called upon to ease tension and help the parties peacefully resolve their dispute to mutual satisfaction. As a neutral third party, it reasonably assesses the issues at hand, listens to possible solutions, and finally negotiates an agreement that pleases both parties. These negotiations usually take place in a legal setting, but can be conducted anywhere that provides each party with privacy as the conciliator conducts the interviews.

There is a difference between conciliators, arbitrators and mediators. While the three seek discrete, understated solutions to often volatile disagreements, there are differences in their roles. In court proceedings, an arbitrator may obtain evidence and witnesses and provide information about decisions and awards; a conciliator cannot. In mediation, both parties are present during negotiations while mutual benefits are discussed and weighed. Conciliation normally involves seeking individual concessions, and each party is consulted privately.

When the conciliator talks to each of the parties individually, his first priority is to create a sense of peace and tranquility. A calm atmosphere is conducive to communicating with a clear head. It will not be successful if it fails to eliminate tension between the two parties before proceeding with negotiations.

Once calm is established, the conciliator asks each party to make a list of the expected outcomes of the negotiation. Since the parties are counseled separately, each party can be truthful in their responses. When the list is complete, the conciliator requests that each list be ordered from most to least desirable outcomes.

She then asks each party to start eliminating which goals are least important to them, starting at the bottom of the list. She goes back and forth to keep the lists in order, all without either party knowing the other’s desired outcome. The lists rarely match, and if some goals are the same, they are often not given the same priority.

As the solutions become clearer, each person involved in the negotiation feels a sense of accomplishment in having their goals in fair consideration. The conciliator usually succeeds as each participant feels valued and heard. This feeling of trust facilitates the achievement of mutually desirable goals, as each party becomes more receptive to accepting the other’s choices.

A successful conciliator must be a master negotiator, but a lot of creativity is also required for the position. She must read a lot between the lines as she hears each client state their goals and concerns. Leading individuals through the negotiation process logically and calmly requires patience. She must also have a highly developed understanding of human nature and the need to have requests recognized and granted.

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