Where is conciliation used?

Where is conciliation used?

The conciliator usually has some experience of the matter in dispute and can advise the parties of their rights and obligations. Conciliation can be used for disputes where you need to uphold your rights, or need advice on what your rights and responsibilities are, such as in equal opportunity disputes.

How do you conduct conciliation?

The conciliation proceedings are initiated by one party sending a written invitation to the other party to conciliate. The invitation should identify the subject of the dispute. Conciliation proceedings are commenced when the other party accepts the invitation to conciliate in writing.

What is the difference between an arbitrator and a judge?

Judges in the US answer to no one but the law. Judges are experts at court procedure, including prehearing practices and managing a courtroom. Arbitrators take an oath to be fair and impartial, and apply the law as do judges; however, arbitrators answer first and foremost to the parties and their business needs.

Is arbitration a good thing?

Still, resolving a case through arbitration is usually far less costly than proceeding through litigation because the process is quicker and generally less complicated than a court proceeding. Faster than litigation.

What are the disadvantages of arbitration?

One drawback to the process is the lack of a formal evidence process. This lack means you are relying on the skill and experience of the arbitrator to sort out the evidence, rather than a judge or jury. No interrogatories or depositions are taken, and no discovery process is included in arbitration.

Who usually pays for arbitration?

In very rare cases, the collective bargaining agreement between the parties may specify a different distribution of the cost, including such provisions as “loser pays the cost of the arbitrator.” A typical arbitration provision, however, will specify that each party pays the costs of its representative (lawyer or non- …