Mediation and Conciliation: In Pursuit of Clarity

Elina Zlatanska
Chartered Institute of Arbitrators

Folake Fawehinmi
Independent

May 2, 2016

82 International Journal of Arbitration, Mediation and Dispute Management, Issue 2 (2016)

Abstract:

Mediation and conciliation are both recognised as viable avenues of dispute resolution, however, their distinction is currently not universally acknowledged and it appears that their distinguishing features have gradually lost clarity and practical consequences. Today, it seems that the concept of mediation is gaining more acceptance whereas the concept of conciliation is falling into disuse. In reality their usage still depends on the cultural differences between the legal and judicial systems in play. This paper examines the question of what the terms “mediation” and “conciliation” mean, and whether they are in fact synonyms or not.

Mediation as Framing and Framing Within Mediation

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