Conciliation: Understanding According to Experts, Characteristics, Purpose, Benefits, Advantages and Differences with Mediation

Conciliation: Understanding According to Experts, Characteristics, Purpose, Benefits, Advantages and Differences with Mediation – What is conciliation and what is its purpose? On this occasion, Se regarding the knowledge.co.id will discuss it and of course about other things that also cover it. Let's look at the discussion together in the article below to better understand it.

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Conciliation: Understanding According to Experts, Characteristics, Purpose, Benefits, Advantages, And The Difference With Mediation

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Conciliation is an attempt to resolve disputes or disputes between parties by involving a neutral party called a Conciliator who seeks a middle point (settlement or agreement) that brings together the wishes of the opposing parties dispute.

This conciliation can also be interpreted as a conciliator or also a conciliation institution. This form is actually similar to what is regulated in Article 131 HIR. Therefore, in essence the Indonesian justice system can or can be called similar to mix arbitration, which means:

In the first stage of the case examination process, the selected panel of judges acted as a conciliator or also a conciliatory panel, after failing reconcile, only then will the authority of the panel of judges be opened to then examine and also try the case by dropping decision.

Because this consolidation is a conciliatory institution, the settlement of disputes outside the court, among other things, is by means of conciliation. In Law no. 30 of 1999 does not provide an explicit formulation of the meaning or definition of conciliation.

Not even a single provision can be found, including the definition of conciliation in Law no. 30 of 1999 this. The word conciliation is as an alternative dispute resolution institution that can or can found in the provisions of Article 1 point 10 as well as the 9th paragraph of the General Explanation of Law no. 30 Year 1999 the.

So that the meaning of conciliation is explained in the Big Indonesian Dictionary, namely: This conciliation is an attempt to bring together the wishes of the disputing parties to then reach an agreement and settlement by involving a third party (conciliator)

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Definition of Conciliation According to Experts

To be able to understand about this Conciliation, we can refer to the opinions of several experts below:

• Huala Adolf: 2005

The definition of conciliation is a method in resolving a dispute by submitting it to a conciliator to then explain as well also describes all kinds of facts and also after that will make a proposal for a settlement decision, but the proposed decision has the nature of not tie.

• Peter Behrens: 1992

This definition of conciliation is a way of resolving disputes that has a more formal nature than mediation. The decision which is then determined through conciliation is non-binding in nature.

• UU no. 30 Year 1999

The meaning of this conciliation is a process in seeking peace out of court, or also an action to prevent a litigation process from being carried out.

• The Institute of International Law

The definition of conciliation is a way of resolving disputes of that nature international, namely by using committees or also assistance from other countries which later did not take sides.

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Conciliation Features

This conciliation has several characteristics or characteristics that distinguish it from other alternative dispute resolution, namely:

• Voluntary
  This means that the use of settlement by conciliation is entirely dependent on the wishes of the parties, meaning that there is no compulsion in using the conciliation process.
• Flexible
  The parties certainly have the freedom to choose, such as choosing a conciliator, then the place of implementation of the conciliation, the language used, and so on.
• Not binding
  The nature of this conciliation is not binding nor is it only a recommendation
• fast
  It is relatively faster because there are no appeals and processes such as arbitration or court
• informal
  This conciliation process is indeed allowed to be carried out orally
• Less expensive
  It is relatively cheaper because usually only 1 conciliator is used.
• Win-win solution
  Generate solutions that benefit all parties

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Purpose of Conciliation

The purpose of a conciliation meeting is to bring the parties involved together to find a way out of solving a problem or dispute. A middle ground is then sought that both parties can or can be accepted into resolve the problem, so that the problem between the two parties or disputes can or can be resolved.

Because in the Mediation process it allows both parties to then discuss the problem them, it is possible for either party to then gain a better understanding of other parties.

This can or can help to dispel misunderstandings due to bias or misinformation when achieving real attitude change. All information obtained in this Mediation process will be treated confidentially and will not be created in the context of the judicial process.

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Main Benefits of Conciliation

Below are some of the main benefits of consolidation, namely:

• Conciliation guarantees the autonomy of the parties.
• The parties may choose the time, language, place, structure and content of the Conciliation process.
• Conciliation provides decision-making skills.
• The parties are free to choose their mediator.
• A mediator does not need to have a certain professional background.
• Parties may base their choice on criteria such as: experience, professional and/or personal skills, availability, language and cultural skills.
• The mediator is impartial and independent.
• Conciliation can save time and money. Due to the informal and flexible nature of the Conciliation process, the parties can conduct or settle down relatively quickly and cost-efficiently.
• Conciliation guarantees confidentiality.
• The parties usually agree to confidentiality. This makes it more convenient to resolve disputes and preserve trade secrets.

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Conciliation Officer

• All of the conciliation officers at the EOC come from diverse backgrounds
• Their training is updated regularly
• They are required to be fair, independent and impartial

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Conciliation Benefits

• Free of charge
• The settlement process through conciliation is shorter than the court process.
• There is no media exposure to the individual parties.
• Not as formal as a court hearing
• Conciliation is voluntary

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Causes of International Disputes

The following are the causes of international disputes, namely:

• One of the parties did not comply with the agreement between countries
• The presence of inventebsi against the sovereignty of other countries
• There are different interests
• Expansion of political and ideological influence over other countries
• Scramble for economic resources, etc.

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The Difference between Conciliation and Mediation

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  Conciliation

Conciliation is a process whereby the parties to a dispute agree to use the services of a person conciliator, who then meets with the parties separately in an attempt to resolve their differences. Conciliation differs from arbitration in that conciliation proceedings, in and of themselves, have no legal standing, and the conciliator usually do not have the authority to seek evidence or call witnesses, usually write no decisions, and do not make award.

• Mediation

Mediation is a way of resolving disputes between two or more parties with real effects. Usually, a third party, the mediator, assists the parties to negotiate a settlement. Disputants can mediate disputes in a variety of domains, such as commercial, legal, diplomatic, work matters, community, and family.

The term "mediation" broadly refers to any instance in which a third party helps another person reach an agreement. More specifically, mediation has a structure, schedule, and dynamics that “ordinary” negotiations lack. This process is private and confidential, may be enforced by law. Participation is usually voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process.

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Example of Conciliation

An example of conciliation is the dispute that occurred between Thailand and France, both parties agreed to form a conciliation commission. In this case, Thailand has always claimed a portion of Laos and Cambodia's territories which are located in the eastern part of its borders. Because at that time Laos and Cambodia were French protectorates, this dispute involved Thailand and France.

Dispute Resolution Process Through Conciliation

Settlement of disputes through conciliation using third party intervention. The third party that intervenes is usually the state, but can also be a commission formed by the parties. The conciliation commission formed by the parties may be institutionalized or ad hoc in nature, which then provides settlement requirements that are accepted by the parties. However, the decision given by the conciliation commission is not binding on the parties.

In practice, the process of resolving disputes through conciliation is similar to mediation. The difference that can be seen from these two methods is that conciliation has a more formal procedural law when compared to mediation. Because in conciliation there are several stages that usually must be passed, namely submitting the dispute to the conciliation commission, then the commission will listen to the oral statements of the parties, and based on the facts given verbally by the parties, the conciliation commission will submit a report to the parties accompanied by conclusions and proposals for settlement dispute.

Thus the review from Seputarknowledge.co.id about Conciliation,hopefully can add to your insight and knowledge. Thank you for visiting and don't forget to read other articles.