The difference(s) between Conciliation and Arbitration
While the process of conciliation and arbitration may look the same at first glance, these subjects have various differences between them. These differences are:
Conciliation:
- The first stage of resolution.
- The Commissioner meets with the parties in dispute and search ways in which to settle the matter by reaching an agreement which caters for both parties.
- The parties themselves decide (the Commissioner may give suggestions).
- No legal representation is allowed.
- There is no calling of witnesses to support your case.
- Available only for existing disputes.
Arbitration.
- The second stage of resolution.
- The Commissioner gives both parties an opportunity to fully present their cases.
- After hearing both sides, the Commissioner makes a binding decision by issuing an award.
- Legal representation is allowed.
- Witnesses can be called to support your case.
- Available for existing and future disputes.
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