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FAQ for conciliation

1. What distinguishes conciliation from arbitration proceedings?
A conciliation ends with a conciliation proposal by which the conciliator suggests how the dispute should be settled. The ruling of the conciliator is merely a proposal which each party may accept or reject. By contrast, arbitration ends - should the tribunal not succeed in leading the parties to an amicable agreement - with an award which is to be followed, even if one does not agree.
2. What distinguishes conciliation from mediation?
The conciliator, in his findings at the end of the conciliation, makes a proposal on how the parties should settle the dispute. A mediator (at least in Germany) does not make a proposal as to the substance of the matter; this he leaves fully to the parties. The mediator simply ensures that the parties come to a solution by themselves.

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