We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is the Difference Between Arbitration and Conciliation?

By Keith Koons
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

There are several differences between arbitration and conciliation. While both represent a meeting that is assembled to discuss a settlement, they are handled in completely different fashions. In arbitration, each of the parties meets together in one room, while during conciliation, they are kept separate. Arbitration is handled by a representative of the court and any agreement is binding under regional law. Conciliation is much more informal and has no legal significance.

The major difference between arbitration and conciliation is that one is an actual legal proceeding while the other is an informal attempt to settle a matter without the courts. Both methods are alternative dispute resolution procedures designed to help parties settle their differences. During arbitration, each side would gather at a courthouse and discuss the matter in detail, and in many instances, the conversations become quite tense. It is not uncommon in arbitration for the arbitrator to temporarily stop the proceedings because the arguments become counterproductive, and this professional's job is to ensure that negotiations move along in a way that will ultimately create a resolution. The arbitrator has complete authority over the meeting.

During conciliation, both parties are kept separate to avoid the tense moments that occur in arbitration. The conciliator relays messages back and forth between the two sides and steers the conversation towards a settlement that everyone can agree on. While both arbitration and conciliation allow each party to show their case and argue for a favorable verdict, the conciliator is very limited in what he can legally do. For example, he can not subpoena witnesses nor can he make actual recommendations to the court. If a settlement is not reached after the conciliation process, then the meeting was essentially for nothing.

Conciliation and arbitration are also seen differently by the courts. When a contract is signed during an arbitration hearing, it is considered a binding legal document that both parties will be forced to adhere to. A conciliation resolution has much less legal authority and either side is free to change its mind without the other side having legal recourse.

Although arbitration and conciliation have distinct differences in terms of legal authority, both methods have high success rates in settling disputes without involving an actual trial. Each of these methods saves everyone involved legal fees and simplifies the entire process so that an immediate resolution can be obtained. Since both sides are made well aware that a failure in arbitration and conciliation would mean a costly trial, each party is normally willing to negotiate to find an agreeable resolution.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By Terrificli — On Nov 11, 2014

@Logicfest -- That is a major problem with conciliation. People go into it voluntarily, don't like the way it turns out after they think about it and then refuse to follow the agreement. Want something that is definite? Try binding arbitration.

By Logicfest — On Nov 11, 2014

It seems that in the United States, arbitration and mediation are much more common than conciliation. That might be because arbitration and mediation both involve agreements that are (generally) enforceable by a court.

That is not the case with conciliation. Typically, both parties can choose to abide by the agreement reached in conciliation or not. That being the case, it makes sense that arbitration and mediation would be more popular in the United States -- conciliation requires a lot of trust and how many people are willing to give it?

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.