Conciliation / Negotiation / Facilitation
These terms are often used interchangeably. In Europe and some areas of the United States, what we term "mediation" is known as "conciliation."
Generally, negotiation is an interchange between two or more parties in an attempt to reach a compromise. Negotiation is at the core of most Alternative Dispute Resolution (ADR) processes. Traditionally, negotiation occurs directly between the parties and their counsel and does not involve a neutral third party. If the negotiations break down and/or reach an impasse, a third party may be introduced creating a process of facilitated negotiation. Facilitated negotiation tends to be a more ad hoc and informal process than mediation.
Conciliation is a process that involves a neutral third party to communicate with the parties in the exchange of information and settlement options. This process most closely resembles mediation before a mediator with a facilitative style.
Disclaimer: Please be advised that the contents of this web site and any other statements contained herein are for informational purposes only and are not intended to be represented as legal advice in any way.