What is a conciliator?
A conciliator, also called an administrative judge, is responsible for helping two parties come to an agreement or negotiate terms outside of the court. Conciliators act as neutral entities between opposing parties and work to ensure they both can settle their dispute without turning to a court trial.
Roles and responsibilities of a conciliator
Conciliators have a variety of roles and responsibilities to ensure that the parties reach a fair resolution. Here are some examples, as mentioned by truity.com:
- Hold meetings with each individual party to discuss how the meeting will go
- Review relevant documents and information to help reach conclusions
- Maintain a neutral position within a meeting to ensure both parties receive fair considerations
- Allow parties involved to reach their own resolution
- Be prepared to settle disputes by issuing their own resolution, should the parties ask
- Meet with witnesses and other persons related to the parties to obtain statements and additional information about the dispute in question
- Prepare settlement agreement documents based off of the resolution the parties reached
- Practice confidentiality regarding the parties, their personal information and details regarding the dispute
Why businesses might need a conciliator
According to rocketlawyer.com, businesses might need a conciliator when they want to handle legal situations outside of the courtroom, especially those that occur between the employer and one or more employees. Here are some situations where businesses might need a conciliator to help them achieve a fair resolution with lengthy court proceedings:
- To come to a resolution as to whether the employee was wrongfully terminated and if so, how they should be compensated.
- When an employee gets injured on or by company property: To review company procedures and safety policies, compensate injured employees and come up with better safety standards moving forward.
- When an employee claims being discriminated against: To determine the validity of discrimination within the workplace, review workplace ethics/morale and compensate employees who felt discriminated against whether by management or their coworkers.
- When an employee claims being harassed or mistreated: To investigate claims of harassment or maltreatment in the workplace, with the end goal of improving workplace culture and employee safety.
- When an employee wants to dispute their pay: To give employees a platform to state their reasoning for wanting a pay raise, and to evaluate whether or not a company has equal pay policies in place.
Typically, the goal of these sessions is to reach an agreement and to avoid court proceedings.
Conciliator qualifications/requirements
According to the BLS, conciliators should have a background in law or a particular industry to qualify for a position. >Here are qualifications to look for when you are seeking a conciliator:
1. Earned a bachelor’s degree
Conciliators should have a minimum of a bachelor’s degree in a law-related area. Qualified candidates may have a bachelor’s degree in an area such as pre-law, political science or philosophy.
2. Earned master’s degree
Conciliators aren’t required to earn master’s degrees but it can demonstrate their expertise and make them a more desirable candidate. Look for candidates who have earned a master’s degree in law, business or mediation and conciliation specifically.
3. Gained work experience
Review a candidate’s resume to determine the previous work experience that qualifies them for a conciliator role. Here are some example professions to look for:
- Work experience in the industry in which they want to conciliate
- Mediator
- Lawyer
- Judge
4. Partook in a mediation course or training program
Many conciliators will partake in optional training programs or certification courses to gain job-specific skills. Be sure to review candidate applications to see who took the initiative to complete optional conciliator training.
5. Earned state licensure
Certain states require conciliators to obtain further education and licensure at the state level. Check your state’s conciliator requirements to determine whether candidates need to have state licensure as well.
6. Demonstrated the necessary skills to perform job duties
Review a conciliators’ resume and cover letter to see if they have the following skills needed for the role:
- Critical-thinking
- Written communication
- Verbal communication
- Organization
- Active listening
- Interpersonal communication
- Corporate law competency
Frequently asked questions about conciliators
What is the difference between mediation and conciliation?
According to adrtimes.com, the difference between mediation and conciliation is that with mediation, two parties are required to dispute and come to a resolution on their own. A mediator is present, but they can only mediate the discussion to ensure fairness for both parties. In contrast, conciliation is a method where two parties dispute an issue and have the potential to come up with their own solution, but the conciliator interjects potential solutions to them.
What is the difference between conciliation and arbitration?
The difference between conciliation and arbitration is that conciliation involves two parties resolving a dispute with the advice and suggestions of a conciliator. In contrast, arbitration is when two parties state the issue in question to an arbitrator, who then makes the ultimate decision about how to resolve the matter. Therefore, conciliators can provide input and potentially propose resolutions, but they cannot force parties to comply with a particular resolution, as arbitrators can.
How is a conciliator appointed?
According to the International Centre for Settlement of Investment Disputes (ICSID), there are a few ways a conciliator can be appointed. Both parties can each select their own co-conciliator before mutually agreeing on the third, or an institution such as the ICSID can appoint one to oversee the dispute between the two parties.
