The process of adjustment or resolution of disputes in a friendly manner through extrajudicial means. Arbitration involves bringing together two opposing parties to reach a compromise to avoid taking a case to court. Arbitration, on the other hand, is a contractual remedy by which disputes are settled amicably. In the context of arbitration, both parties agree in advance to achanter the decision of a third party called as mediator, whereas arbitration is less structured. Once set up, it is the responsibility of the arbitrator to time, prepare, structure and carry out the conciliation procedure. Different arbitrators will pursue different approaches. This depends on the characteristics and nature of the dispute, as well as the context and expectations of the parties involved. The arbitrator shall endeavour to ensure that the proceedings are conducted at all times in accordance with the expectations of both parties. Japanese law makes extensive use of arbitration in civil disputes (調停, chōtei).
The most common forms are civil conciliation and internal conciliation, both of which are administered under the auspices of the judicial system by a judge and two non-judicial “arbitrators”. The main task of an arbitrator is to facilitate communication between the parties to the dispute and direct them towards an agreement. They usually take into account the position of each party and, unlike mediation, can give their opinion on the merits of each argument and recommend a fair outcome (for example. B the terms of a regulation). Like mediation, mediation is a voluntary, flexible, confidential and interest-based process. The parties seek an amicable settlement of disputes with the help of the arbitrator, who acts as a neutral third party. Conflicts that are addressed through historical reconciliation have their roots in the contradictory identities of those involved. Whether it is an ethnicity, religion or culture, it requires a comprehensive approach that takes into account people`s needs, hopes, fears and concerns. Arbitration can be used in a variety of situations, but it is most often used in labour disputes. Acas offers a conciliation service and some companies have their own conciliation process that is part of their disciplinary and grievance proceedings. Historical reconciliation is an applied approach to conflict resolution that uses historical narratives to positively change the relationships between societies in conflict. Historical reconciliation can use many different methods, including mediation, sustained dialogue, apology, recognition, support for public commemorative activities, and public diplomacy.
The main difference between conciliation and mediation is that at some point during conciliation, the parties ask the arbitrator to submit a non-binding settlement proposal to them. .