The conciliator’s role blends elements of a mediator, an arbitrator and a judge. Each party and/or their respective attorney presents the conciliator with a memorandum and/or relevant pleadings summarizing the nature of the dispute and each party’s position. After reviewing these materials, the conciliator meets with the parties and attorneys and listens to each side’s oral presentation. Like a judge or an arbitrator, the conciliator offers feedback on the relative strengths and weaknesses of each party’s case and can also offer his or her perspective on which party’s position the conciliator believes is more likely to prevail at a trial. Like a mediator, the conciliator engages directly with the parties regarding their respective settlement positions, working towards resolution; like a judge, the conciliator can make direct comments as to the nature of the case.
Category:
Conciliation