Login

Welcome, Guest. Please login or register.

March 29, 2024, 03:46:03 am

Author Topic: Difference between conciliation and mediation  (Read 10848 times)  Share 

0 Members and 1 Guest are viewing this topic.

elmoodo

  • Victorian
  • Trailblazer
  • *
  • Posts: 48
  • Respect: 0
Difference between conciliation and mediation
« on: July 13, 2012, 11:57:47 pm »
0
Hey guys,

I have my SAC for AOS 1 next week, and I was wondering the difference between conciliation and mediation.

They seem so similar, and we were told we have to compare and contrast ADR methods.

Cheers
2011: Mathematical Methods (CAS): [32]

2012: English [36+] - Business Management [45+] - Further Mathematics [45+] - Accounting [38+] - Legal Studies [40+]

ATAR: [94.00+]

Shaye

  • Victorian
  • Adventurer
  • *
  • Posts: 23
  • Respect: 0
  • School: Monbulk College
  • School Grad Year: 2012
Re: Difference between conciliation and mediation
« Reply #1 on: July 14, 2012, 03:24:05 pm »
+2
They are very similar! The main difference between them being the contribution from the independent third party when resolving the dispute..
In mediation, the parties themselves will come to some sort of decision or settlement. The mediator (third party) will only aid discussion and keep communication flowing between parties. Mediators DO NOT offer advice or interfere in any way.
In conciliation however, the parties will come to their own settlement, but the conciliator (third party) has the same role as a mediator but CAN offer advice. Ultimately, its up to the parties to resolve the dispute in conciliation as well.

In arbitration, it is the independent third party that makes the final decision, not the parties.
Study Score aims
English: 30+ | Methods: 30 | Chemistry: 35+ | Legal Studies: 44+ | Busman: 40+
Atar: 92+
2011- Further: 40

elmoodo

  • Victorian
  • Trailblazer
  • *
  • Posts: 48
  • Respect: 0
Re: Difference between conciliation and mediation
« Reply #2 on: July 14, 2012, 07:17:34 pm »
0
Thanks for that.

Just one more thing: If a mediator doesn't really offer advice or interfere, then what's the point of mediation? Wouldn't it be more suitable to use conciliation or arbitration?
2011: Mathematical Methods (CAS): [32]

2012: English [36+] - Business Management [45+] - Further Mathematics [45+] - Accounting [38+] - Legal Studies [40+]

ATAR: [94.00+]

Newton

  • Guest
Re: Difference between conciliation and mediation
« Reply #3 on: July 15, 2012, 12:42:57 pm »
-1
Yes, I believe it would be way more suitable to use arbitration (legally binding) or conciliation (not legally binding), as an alternative to Mediation. However, because the dispute parties have the opportunity to draw out their own outcome in mediation, it can be a positive as it means that both parties will be satisfied as they have made the decision and therefore are more likely to follow the decision.

meganrobyn

  • Victorian
  • Forum Leader
  • ****
  • Posts: 837
  • Respect: +62
Re: Difference between conciliation and mediation
« Reply #4 on: July 15, 2012, 11:39:43 pm »
0
Thanks for that.

Just one more thing: If a mediator doesn't really offer advice or interfere, then what's the point of mediation? Wouldn't it be more suitable to use conciliation or arbitration?

The mediator really tries to support and facilitate people being able to work their problem out themselves. Kind of 'teaching a man to fish' logic. You'd be surprised how many people spend years in the legal system fighting each other without actually sitting down and trying to work the thing out together!
[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.
Available for private tutoring in English and Legal Studies.
Experience in Legal 3/4 assessing; author of Legal textbook; degrees in Law and English; VCE teaching experience in Legal Studies and English. Legal Studies [50] English [50] way back when.
Good luck!

james.tedesco

  • Victorian
  • Adventurer
  • *
  • Posts: 6
  • Respect: 0
  • School: copperfield college
  • School Grad Year: 2016
Re: Difference between conciliation and mediation
« Reply #5 on: July 29, 2015, 08:30:36 pm »
0
Hey guys,

I have my SAC for AOS 1 next week, and I was wondering the difference between conciliation and mediation.

They seem so similar, and we were told we have to compare and contrast ADR methods.

Cheers


I believe it is as simple as; in mediation the independent and impartial third party cannot suggest solutions and can only facilitate discussion, whereas in conciliation the 'conciliator' CAN suggest solutions.