What Is It?
In most country’s the distinction between mediation and conciliation is blurred. In Ireland this is not the case. The vast majority of conciliations arise out of contracts used in the construction industry. These provide for the conciliator seeking to resolve the dispute amicably between the parties but, if he is unsuccessful, he then publishes a recommendation as to how the dispute should be resolved. If either party rejects the recommendation within a certain number of days the conciliators recommendation is binding upon the parties. If either party rejects the recommendation, the whole process is non-binding and confidential. Neither party is permitted to give any subsequent judge or arbitrator in the dispute information in relation to what occurred in the conciliation.
When is Conciliation Appropriate?
Conciliation can be availed of in relation to almost any dispute. Mediation is probably more appropriate for family or similarly sensitive disputes. Conciliation is an appropriate option to consider in the context of any commercial dispute.
What Does It Cost?
The usual practice is that each party bears its own costs and pays one half of the conciliators fees irrespective of the outcome. Compared with Court Litigation or Arbitration, the cost is relatively small.
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