Conciliation is an informal way of managing and settling conflicts in which an impartial third party, the conciliator, helps the parties by facilitating their communication in order to reach a mutually satisfactory agreement. The conciliator, therefore, using modern conciliation techniques, aims to eliminate the reasons for conflict and encourage solutions to the ongoing dispute. By going beyond the subject of the dispute, this moves the debate away from the rigid opposition of the respective legal standpoints
The conciliator, unlike a judge, does not decide who is right and who is wrong, but facilitates negotiation, guiding the parties towards an agreement
Conciliation is cost-effective, as the costs of carrying out the procedure are remarkably limited; it is effective, as it enables settlement of the dispute without the burdensome formalities that characterise ordinary justice; it is confidential and secure, as it ensures total respect for privacy and the protection of information exchanged; it is flexible as the agreement reached will be based on the extent of the interests and needs of the parties and may also have a different or broader content than the original content of the dispute. Most of all, conciliation is fast: in general the procedure is completed within a few meetings, during which the parties will cooperate to find a shared solution to the problem
It is precisely due to these characteristics that conciliation helps to maintain economic relations, enabling the continuation of commercial relations even after the dispute, which is fundamentally important for the parties to safeguard their market positions
Mediation is conducted, in a simple, orderly way, according to the following stages: – the procedure is begun by presenting the application to the International Arbitration Court of the Adriatic and Ionian Area; – acceptance by the other party; – appointment of the conciliator, by common agreement between the parties or the Secretariat of the Court from among those registered on the relevant list; – conciliation meeting between the parties and the conciliator, alternating joint and separate sessions; – signing of a final report of settlement or failed agreement.