Conciliation is based largely on the same principles as Mediation and is a very common resolution process for construction disputes in the Republic of Ireland. It could be described as Mediation with an option for a non-binding recommendation.
Conciliation offers a route to resolving a commercial dispute without the parties incurring significant costs and with a view to maintaining the working relationship between the parties. It is a flexible and confidential method of dispute resolution which can be adapted to suit the needs of the parties and the nature of the dispute itself. This flexibility can be a significant aid to resolving complex disputes in a simple and efficient manner.
The use of such methods of dispute resolution are all the more relevant, and in many cases mandatory, in light of the courts actively encouraging the use of ADR methods where it is deemed appropriate or desirable. Crucially, the court can also take account of a party’s actions in deciding whether or not to use ADR during a dispute when it comes to exercising discretion on awarding costs in Litigation. This is a strong incentive for parties to use Conciliation in an attempt to amicably settle a dispute early where possible.
Elemental can guide clients through the process. Whether it requires consultation, advice or representation, Elemental provide flexible solutions for clients wishing to engage in Conciliation.