Brendan Merry & Partners have experience in the Conciliation process both as Conciliator and Expert Witness.
Conciliation is a confidential and flexible process within a framework of joint and private meetings where the Conciliator helps parties clarify key issues and construct their own settlements. It is a without prejudice process and should settlement not be reached, provides for the Conciliator to issue a recommendation based on the information given during the conciliation.
Unless the recommendation is rejected by either of the parties within a given timeframe, the recommendation becomes final and binding on the parties.
Should the recommendation be rejected, the next step is Arbitration, which is costly and time consuming. Risk analysis is required at this stage and parties generally reach an agreement.