By Leah Caldwell | Family & Children | March 2025

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What is the difference between mediation and conciliation?

Disputes are an inevitability in life, but finding resolutions can often feel impossible and overwhelming, especially when lengthy and costly legal proceedings are involved. Mediation and conciliation are two methods that can be utilised to bring about a conflict resolution without the fuss. But how are they different from one another, and which is best for you? This guide will provide you with the right information to help you make an informed decision.

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What are mediation and conciliation?

Both the mediation and conciliation processes are designed to resolve disputes before they ever reach a court of law, and ideally to keep things amicable. Both make use of an impartial, non-biased third party who acts as a go-between for the two disputing parties in coming to a resolution. The terms mediation and conciliation are often used interchangeably and inconsistently, even in legal circles. However, the approach and role of the third party vary significantly between the two methods, and this is where the crucial difference lies.

Mediation

In mediation, the third party is a mediator who facilitates dialogue between the disputing parties to find a solution that suits them both. The mediator acts entirely without bias, guiding the communication with an open mind and making sure that no voice is left unheard or unconsidered. The key features of this process are:

• A focus on communication, collaboration and fair compromise.
• A non-biased mediator whose role is solely to facilitate open communication between the disputing parties.
• Unless a formal agreement is signed, mediation is typically non-binding.
• It’s generally the advised process for disputes revolving around interpersonal relationships, such as within a family or workplace.

Conciliation

In the conciliation process the third party adopts a slightly different role. Rather than just facilitating communication between the disputing parties, a conciliator will actively participate in the resolution process. This might involve them recommending potential solutions, among other things. Though the parties do, of course, still retain the final say over any resolution, the conciliator’s recommendations often carry significant weight. The key features of this process are:

• The conciliator uses their expertise to recommend solutions and provide advice.
• It’s often the process used for disputes involving technical or legal complexities, such as IP or contract disputes.
• If both parties agree to a resolution, this agreement could be legally binding.

Use our contact form, to see if conciliation is the right approach for your situation.

What are the key differences between mediation and conciliation?

1. Role of the third party
   • Mediation: The mediator facilitates communication without advising or being directive as to outcomes.
   • Conciliation: The conciliator is actively involved in finding a resolution and will advise the parties during the process.


2. Level of involvement and control
   • Mediation: The disputing parties retain control over the outcome.
   • Conciliation: The disputing parties may take into account the conciliator’s recommendations and make a decision based on them, though they do not have to.


3. Use of legal principles
   • Mediation: There is a greater focus on fostering mutual understanding rather than adhering solely to legal principles. This allows for greater flexibility within the process, as well as the potential for tailoring agreements to the parties’ needs.
   • Conciliation: Legal and technical expertise are more prominent. Conciliators will often reference relevant laws, regulations or standards when helping the parties come to practical resolutions. In a compliance dispute, for example, the conciliator might bring up regulatory requirements and use them to suggest solutions that align with the parties’ legal obligations.


4. Nature of the process
   • Mediation: Non-binding and collaborative.
   • Conciliation: Structured and advisory.


5. Application and context
   • Mediation: Ideal for interpersonal disputes (e.g., within a family or workplace).
   • Conciliation: Suitable for disputes requiring technical or legal guidance.

What are the similarities between mediation and conciliation?

• Both involve a neutral third party (in mediation, the mediator, and in conciliation, the conciliator).
• Both aim to resolve disputes in an amicable, cost effective, and efficient fashion.
• Both provide alternatives to litigation..
• Both encourage communication, understanding and compromise between disputing parties.

Which disputes are best suited for mediation?

In disputes where it is essential for relationships to be maintained and preserved, such as within a family unit or between co-workers, mediation is the most appropriate process. Common examples might include:

• Family conflicts, such as divorce or custody agreements.
• Workplace disputes, possibly including conflicts between individual colleagues or teams.
• Civil disputes that would otherwise be dealt with in the civil courts.
• Neighbourhood disagreements, such as property or noise issues.

When should you choose conciliation instead?

If your dispute can be described with any of the following criteria, conciliation may be the better option:

• It involves complicated technical, legal or specialised knowledge, such as intellectual property rights or compliance with specific regulations.
• One or both parties prefer more structured, hands-on guidance in reaching a resolution.
• It has arisen in commercial or industrial settings, such as between employers or trade unions.
• It involves international trade, where laws and technicalities are complicated and require external input.

Mediation vs. conciliation: which is best for your needs?

The choice between these two processes depends on the nature of your dispute and how you would like to solve it. If you want to maintain a collaborative, communicative and informal approach, mediation is most likely best for you (if you’re considering mediation for your dispute, our online mediation services can provide the support and expertise you need). If expert advice and a structured process are needed, conciliation will likely be the way forward.

For more insights, check out our blog on what mediation is.

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Tel: 0330 320 7600
Email: office@mediationfirst.co.uk.