Editing Mediation (section)

===Conciliation===
''Conciliation'' sometimes serves as an [[umbrella term]] that covers mediation and facilitative and advisory dispute-resolution processes.<ref>Simkin, W. E., (1971); ''Mediation and the Dynamics of Collective Bargaining''; Bureau of National Affairs Books, Washington DC, {{ISBN|0-87179-127-7}}</ref> Neither process determines an outcome, and both share many similarities. For example, both processes involve a neutral third-party who has no enforcing powers.

One significant difference between conciliation and mediation lies in the fact that conciliators possess expert knowledge of the [[domain knowledge|domain]] in which they conciliate. The conciliator can make suggestions for settlement terms and can give advice on the subject-matter. Conciliators may also use their role to actively encourage the parties to come to a resolution. In certain types of dispute the conciliator has a duty to provide legal information. This helps ensure that agreements comply with relevant [[statutory]] frameworks. Therefore, conciliation may include an advisory aspect.

Mediation is purely facilitative: the mediator has no advisory role. Instead, a mediator seeks to help parties to develop a shared understanding of the conflict and to work toward building a practical and lasting resolution.<ref>[http://www.iama.org.au/mediation.htm The Institute of Arbitrators and Mediators, Australia] {{Webarchive|url=https://web.archive.org/web/20070815145640/http://www.iama.org.au/mediation.htm |date=15 August 2007 }}, retrieved 2007-11-24</ref>

Both mediation and conciliation work to identify the disputed issues and to generate options that help disputants reach a mutually satisfactory resolution. They both offer relatively flexible processes. Any settlement reached generally must have the agreement of all parties. This contrasts with [[litigation]], which normally settles the dispute in favour of the party with the strongest legal argument. In-between the two operates [[collaborative law]], which uses a facilitative process where each party has [[counsel]].