Conciliation is a process through which two or more parties may explore and reach a negotiated solution to their conflict with the help of a third neutral and disinterested party, the conciliator.
The conciliation process finds its most solid foundation and eventual success on the will of the parties to engage in a meaningful dialogue regardless of the depth of their differences. Anyone wishing to explore a negotiated solution to a problem -whatever its nature-should do so with an open mind, for conciliation intends to explore common grounds upon which the parties may build an agreement acceptable to all involved.
Because of his impartiality, independence, and professional experience, the conciliator can help the parties understand the motives and needs of all involved. However, the conciliation process does not seek a solution at any cost, nor may a conciliator impose a solution upon the parties.
The difference between conciliation and mediation lies in that the conciliator may offer an opinion and alternatives with respect to proposals advanced by any one party to the other. The process itself does not vary when compared to the mediation process.
It is notable that the terms mediation and conciliation are often used interchangeably and are accorded the same meaning, mediation. Most Latin American countries, for example, refer to mediation as conciliation; they mean mediation. It is also noteworthy that an increasing number of countries are prohibiting the making of a legal distinction between conciliation and mediation because there have been instances where mutually acceptable agreements were later successfully challenged in court on the bases that the accord was reached through conciliation, not mediation.