Is there a difference between mediation and conciliation?
Mediation and conciliation are two similar types of dispute resolution that can be used to settle legal disputes outside of the courtroom. In Arizona, both mediation and conciliation are alternative dispute resolution methods used to resolve legal disputes quickly and without the need to go to court. The main difference between mediation and conciliation is the level of involvement of the mediator. In mediation, the mediator has a more active role in helping the parties come to an agreement. The mediator usually works one-on-one with the parties to identify and discuss the issues in dispute. The mediator then helps the parties to explore potential solutions and work towards a resolution. In contrast, in conciliation the role of the conciliator is more passive. The conciliator is not actively involved in the dispute, but simply provides a neutral environment for the parties to talk and try to reach an agreement. The conciliator will ensure that the parties are given fair and equal opportunities to present their cases. In both mediation and conciliation, the decision-making power lies with the parties. The mediator or conciliator cannot impose an agreement on the parties. The goal is to help the parties reach a mutually beneficial resolution without going to court.
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