Commercial Mediation, Conciliation & Dispute Resolution Services

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Mediation is a flexible process conducted confidentially in which the parties to a dispute, with the assistance of a neutral dispute resolution practitioner (the mediator), identify disputed issues, develop options, consider alternatives and working towards a negotiated settlement agreement of a dispute(s) or difference(s), with the parties in ultimate control of the decision to settle and the terms of resolution or settlement. Mediation may be undertaken voluntary, under a court order, or subject to an existing contractual agreement.

Conciliation sometimes serves as an umbrella term that covers mediation and facilitative and advisory dispute-resolution processes. Neither process determines an outcome, and both share many similarities. For example, both processes involve a neutral third-party who has no enforcing powers.

One significant difference between conciliation and mediation lies in the fact that conciliators possess expert knowledge of the domain in which they conciliate. The conciliator can make suggestions for settlement terms and can give advice on the subject-matter. Therefore, conciliation may include an advisory htmlect.

Both mediation and conciliation work to identify the disputed issues and to generate options that help disputants reach a mutually satisfactory resolution. They both offer relatively flexible structured processes. Any settlement reached generally must have the agreement of all parties. This contrasts with litigation, which normally settles the dispute in favour of the party with the strongest legal argument. In-between the two operates collaborative law, which uses a facilitative process where each party has counsel.

Mediation vs Litigation

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