Conciliation is an alternative dispute resolution method whereby parties have recourse to a neutral third party to settle their dispute. While conciliation is generally conducted by a judge in Belgium, a lawyer or any other expert may also act as a conciliator in international disputes. Conciliation is often mistakenly confused with mediation, whereas the two methods are fundamentally different despite having similar goals. Conciliation and mediation both aim to preserve an existing relationship between the parties, but the conciliator's role is to guide them to a settlement, while in mediation, the parties have to work out the outcome themselves with the assistance of the mediator.
Attorneys of & DE BANDT have acted on various occasions as conciliators, both in commercial and employment disputes. As conciliators, they played a relatively direct role in the actual resolution of disputes and advised the parties on certain solutions by making proposals for settlement. Unlike judicial proceedings or arbitration, conciliation is a much less adversarial process and the proposals for settlement are not binding.
