International conciliation is a voluntary alternative dispute resolution process where a conciliator helps parties reach a resolution before legal action. The conciliator works with each party to develop goals and suggests options, but does not make decisions or judgments. Conciliators should be skilled negotiators and the process differs from arbitration and mediation.
International conciliation is the process in which two international parties to a dispute ask a conciliator to step in and help them attempt to resolve the dispute. It is a form of alternative dispute resolution that has no legal effect. Parties to a dispute use it to attempt to reach a resolution before going through the normal legal process. The two sides rarely face each other across the table in the presence of the conciliator during this process.
This type of negotiation is extremely beneficial because the parties don’t need to be in the same place at the same time. The conciliator usually sits down with each party to develop a list of goals that each would like to achieve in the negotiation process. Then the conciliator goes between the two sides, working on each of these goals. Usually groups work from the least important goal to the most important goal. They work this way to reach consensus on some points and build trust in the conciliator and in the process itself.
Every international conciliation process is completely voluntary. The parties must each agree to participate in the process. The conciliator usually contacts and interviews each of the parties to the dispute and provides any necessary information regarding the specific laws involved in the dispute. He assists the parties in exchanging appropriate information and documents. The conciliator helps facilitate dispute resolution by sharing offers between the parties and suggests options to those offers between the parties.
Conciliators do not make decisions for the parties involved in an international conciliation process. They do not make judgments about right, wrong, or the outcome of a dispute, nor do they tell the parties to a dispute what to do or not to do. Conciliators do not make decisions and cannot oblige the parties to participate in the international conciliation process.
Those who work as conciliators should be highly skilled negotiators. They often work with specific non-governmental agencies, although some work specifically with government agencies. Conciliators are usually licensed attorneys.
International conciliation is different from arbitration in that conciliation is not a binding legal process. The conciliator does not have the ability to call witnesses or make a decision. The process differs from mediation in that in mediation the parties usually meet, with the mediator leading the discussion. In conciliation, the parties rarely meet in the presence of the conciliator.
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