| 1. |
What distinguishes conciliation from arbitration proceedings? |
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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? |
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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. |
Arbitration Association