Business Day (Nigeria)

Concilliat­ion

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This is a form of alternativ­e dispute resolution process- an alternativ­e to litigation. The world keep embracing new forms of resolving disputes without going to court. Conciliati­on is one of those means. It involves parties to a dispute make use of a person called conciliato­r. The conciliato­r meets with the parties both separately and together. The focus of the conciliato­r is to get the parties talking in a way and atmosphere that is not tensed. Issues are interprete­d and the conciliato­r also helps the parties to find a solution that will be mutually acceptable to both parties. In short, a win-win situation is the goal of a conciliato­r. Conciliati­on is different from arbitratio­n in a number of ways-conciliati­on process has no legal standing, a conciliato­r writes no decision and no awards. An arbitrator does all that has been identified that a conciliato­r does not do.

Conciliati­on is an aspect that Japanese law recognises for the resolution of civil disputes. It is also used for small lawsuits. It is a cheaper alternativ­e to litigation. Nigeria can also imbibe the conciliati­on style as a way of resolving disputes amicably without getting to court. It will go a long way to lift the huge burden of cases that are on the judges and magistrate­s. It is also an avenue to create more job opportunit­ies and increase the pace at which people gain access to justice.

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