What is a conciliator?
A conciliator specializes in alternative dispute resolution, when two parties try to settle a dispute without going to court. In a corporate setting, an in-house conciliator may work to resolve internal disagreements, including employee grievances, contract disputes or workplace conflicts like harassment. They typically meet with both parties, together or separately, to improve understanding and guide opposing sides toward a settlement.
Unlike arbitrators, conciliators don’t impose a decision. They primarily oversee the conversation and help the parties involved find their own solution. A skilled conciliator can help preserve professional relationships and find resolutions that benefit the organization.
Key characteristics of a successful conciliator
When hiring a conciliator, you might consider candidates’ interpersonal skills, professional qualifications and experience.
These characteristics can also be helpful:
- Impartiality: Remains neutral and unbiased at all times, which can build the trust needed for open and honest communication
- Active listening: Uses active listening skills to identify the cause of workplace disputes
- Strong communication: Articulates complex issues clearly, reframes negative statements into constructive ones, asks clarifying questions and manages challenging conversations with a calm and professional demeanor
- Problem-solving skills: Encourages all parties to consider potential solutions and perspectives beyond their own to find a mutually agreeable outcome
- Legal and ethical knowledge: Understands relevant employment law and corporate policies to ensure fair and compliant resolutions
What are the main job duties of a conciliator?
A conciliator’s daily responsibilities typically involve managing and resolving conflicts. Here are 10 common job duties:
1. Conduct initial meetings with each party
Before speaking with both parties together, a conciliator may meet with each separately. This initial meeting can help them understand each person’s perspective. For example, in a business setting, the conciliator might meet with an employee to hear their side of a workplace dispute and then discuss the scenario with the general manager.
2. Oversee joint conciliation sessions
The conciliator guides structured meetings to encourage productive dialogue between the parties. This typically requires strong communication skills to establish rules, such as giving each party their time to speak, encouraging participation and ensuring a respectful environment. For example, during a meeting between two department heads, the conciliator may lead a discussion about the recent project budget, asking both parties questions about their concerns.
3. Review relevant documents and information
To fully understand the dispute, a conciliator generally reviews all relevant materials, such as company policies, emails or employment contracts.
Reviewing materials typically requires problem-solving skills, as it helps the conciliator understand the context of the issue. For an employee’s pay dispute, the conciliator might review past performance evaluations, pay scales for similar roles, internal communications and company compensation policies.
4. Hold a neutral position
Throughout the entire process, the conciliator should remain impartial, calm and professional. This can help support open communication and help employees feel comfortable sharing their perspectives.
5. Identify underlying interests
Conciliators also typically need to address the parties’ underlying interests, as well as their stated opinions. This requires active listening and the ability to ask insightful questions. For example, an employee may state they want a formal apology, but the conciliator might identify through careful listening that they want to feel respected and valued by their team.
6. Guide parties to generate solutions
A conciliator empowers parties to brainstorm solutions and compromises. Instead of suggesting a solution to a scheduling conflict, the conciliator might ask the parties open-ended questions, such as “What are some possible ways we could resolve this that would work for both of you?”
7. Propose solutions when asked
If the parties can’t find a resolution, they may ask the conciliator for suggestions. Answering the request requires strong negotiation skills to frame potential solutions as options rather than directives. For example, the conciliator might say, “Based on our discussion, one possibility could be [solution]. What do you both think of that?”
8. Meet with witnesses or other personnel
When necessary, a conciliator may gather additional information to clarify facts. Gathering information is connected to impartiality, as it ensures all relevant information is considered. To verify details of a harassment claim, the conciliator may conduct confidential interviews with other team members who were present. Similarly, wrongful termination claims may also involve further investigation.
9. Draft settlement agreements
Once an agreement is reached, the conciliator documents the terms in a formal settlement agreement. This requires legal and ethical expertise to ensure the document is clear, precise, fair and aligns with company policy. The agreement may outline each party’s responsibilities and future actions.
10. Maintain confidentiality
A conciliator is expected to maintain confidentiality throughout the process, protecting the privacy of the parties involved. This generally requires a strong work ethic and discretion. Exceptions may include sharing the agreement with the human resources (HR) department.
Should conciliators have a bachelor’s degree or relevant work experience?
A conciliator’s educational background and work experience can vary, but candidates may have:
- A conciliator with a bachelor’s degree: Has degrees in law, political science, psychology, business or HR fields, a master’s in mediation and conciliation or a law degree
- A conciliator with relevant work experience: Brings transferable skills from practical work experience, such as lawyer, HR manager, legal secretary or paralegal roles
