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TN/ROLE/09
Edition 2027 · effective 1 January 2027

Propose · Conciliation

Can an independent professional propose terms we might accept?

Close to mediation, but the conciliator may take a more active role and propose terms of settlement. Used widely in labour, consumer, public and investment settings, and in many legal systems with its own rules.

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§ 01At a glance

Conciliation, in five facts.

Who decides
The parties decide whether to accept the proposal.
Outcome
A recommended settlement the parties may accept.
Effect
Binding only if accepted
Typical time
Weeks
Formality
●●●○○

§ 02When it fits

Use it when… and not when…

It fits when

A good fit

Can an independent professional propose terms we might accept?

  • Parties want a concrete proposal to react to
  • A public or regulated setting uses conciliation by law
  • Investor–state or labour relationships
It does not fit when

Choose another route

Use the least burdensome process that can do the job.

  • When a party needs to keep full control of every term from the start

§ 03Where it is used

4 situations where Conciliation is part of the route.

Change and restructuring01WorkplaceFacilitation · Mediation · ConciliationThe organisation must change. The people it changes need a voice in how.Supplier and customer strain02Projects & contractsMediation · Neutral Evaluation · ConciliationA long supply relationship is failing on quality, price or delivery.Cross-border commercial strain03Cross-borderMediation · Neutral Evaluation · Arbitration · ConciliationTwo companies, two countries, two legal systems, and one contract under pressure.International distribution strain04Cross-borderMediation · Neutral Evaluation · ConciliationA distributor and a brand built a market together. Now they disagree about its future.

§ 04How appointment works

From first call to signed mandate.

Describe the need
Triage & scope
Conflict disclosure
Shortlist
Mandate
Day oneAgreed

A Neutral is shortlisted only after confirming availability and submitting conflict information. Nothing is called conflict-cleared until that disclosure has been reviewed.

§ 05Services and instruments

How TheNeutralsORG™ delivers it.

Services

Conciliation

Delivered by qualified Neutrals, designed to work under the draft Neutral Practice Standard™.

Model instrument

Model Neutral Clause

Draft it with the clause tool, then have it reviewed by your own lawyer.

§ 06Neighbouring roles

Often confused with…

ConciliationNeutral ChairingNeutral Evaluation
The questionCan an independent professional propose terms we might accept?Who runs this meeting fairly?What does an independent professional think of this question?
Who decidesThe parties decide whether to accept the proposal.The body decides. The chair keeps the process fair.You decide. The evaluator advises.
OutcomeBinding only if acceptedNo substantive authorityAdvisory
Typical timeWeeksA single meeting or a standing termDays to a few weeks