Is there a difference between mediation and conciliation?
Mediation and conciliation are two forms of Alternative Dispute Resolution (ADR) that are used to resolve legal disputes. While the two processes share some similarities, there are a few differences to consider when selecting which process is best for the situation. The main difference between mediation and conciliation is who facilitates the process. During mediation, an impartial third-party mediator is used to help both parties come to an agreement. This mediator is usually a legal professional, such as an attorney or judge. The mediator does not make any decisions, but instead communicates information between the two parties and helps them come to a resolution. Conciliation, on the other hand, is when an impartial third-party conciliator meets with the two parties to help them reach an agreement. Unlike mediation, the conciliator has the authority to make recommendations to the parties and can even present a settlement to them. This form of ADR does not require a legal professional, as the conciliator is usually an experienced individual who can use interpersonal skills to bring the two parties together. In Pennsylvania, both mediation and conciliation can be used to resolve legal disputes. However, it is important to consider which process best fits the situation and discuss the differences with an attorney. Ultimately, it is up to the two parties to decide which ADR process is most appropriate for their dispute.
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