Mediation and Conciliation provide an effective means of resolving disputes in many circumstances. The parties in dispute voluntarily engage an independent third party who hears both sides argument and suggests a solution. However it should be noted that in some jurisdictions conciliation is incorporated in the enabling Arbitration laws and rules as a pre-cursor to formal arbitration. In such cases where Conciliation is a contractual obligation or option such companies must be wary of the procedures.

The primary difference between Mediation / Conciliation and Arbitration is that these processes are not binding on either party. The aim is for the parties to reach an agreed settlement so avoiding the cost of a long haul arbitration or litigation process.

Mediation / Conciliation represents a viable alternative to arbitration where communication between the parties involved has not deteriorated beyond a point of no return.

Hesketh has the services to provide an experienced mediator where required or alternatively act on your behalf in a conciliation procedure.