conciliation
Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute (including future interest disputes) agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences. Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award. Arbitration is an ADR (alternative dispute resolution) method where the disputing parties involved present their disagreement to one arbitrator or a panel of private, independent and qualified third party "arbitrators, whereas Conciliation is another dispute resolution process that involves building a positive relationship between the parties of dispute,unlike arbitration, conciliation is a much less adversarial proceeding; it seeks to identify a right that has been violated and searches to find the optimal solution.
In pursuance of the ideals set in the UNCTAD the ,then existing arbitration act of 1940 was suitably amended to promulgate the arbitration and reconciliation act of 1996.This act ensures a leeway for peaceful settlement of disputes with mutual consent.
Barikiel E. Mmbaga has written: 'Dispute settlement by the OAU' -- subject(s): Commission of Mediation, Conciliation, and Arbitration, Diplomatic negotiations in international disputes, Foreign relations
The CCMA (Commission for Conciliation, Mediation and Arbitration) in South Africa is a dispute resolution body that facilitates conciliation and arbitration hearings for workplace disputes. It operates with a panel of commissioners who assist parties in resolving disputes through negotiation or formal hearings. The CCMA aims to promote fair labor practices, resolve disputes efficiently, and provide a cost-effective alternative to lengthy court processes.
The Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa primarily functions to resolve disputes between employers and employees regarding labor issues. It facilitates conciliation and mediation processes to help parties reach amicable agreements. Additionally, the CCMA can conduct arbitration hearings to make binding decisions on unresolved disputes and offers training and resources to promote understanding of labor laws and dispute resolution mechanisms.
a party to an arbitration agreement may be compelled to arbitrate a dispute, if the agreement covers the subject matter of the dispute.
That is normally called "arbitration"
Conciliation machinery includes a process by which an independent conciliator is appointed to resolve a dispute. The conciliator must have no prior ties with either side involved in the settlement.
Arbitration
In court or at arbitration.
Arbitration typically refers to the resolution of disputes outside of the court system, where the parties involved agree to submit their conflict to one or more arbitrators who make a binding decision. Common matters referred to arbitration include commercial disputes, labor and employment issues, consumer contracts, and international trade disagreements. Arbitration is often favored for its efficiency, confidentiality, and the expertise of arbitrators in specific fields. Additionally, arbitration clauses are frequently included in contracts to streamline dispute resolution processes.
Adversarial dispute resolution is normally a court procedure, which is expensive, time consuming and uncertain for examples: Adjudication, Arbitration or Litigation. Usually parties represented by council whose skill lies in arguing and scoring points over each other.