In November 2009 the Conciliation Act was passed in Estonia. Conciliation procedure is a voluntary process in which an impartial mediator provides for communication between parties in order to find suitable solutions to matters of argument. The mediator may present to parties his/her own proposals regarding conciliation circumstances and proceedings (Section 1(2) of the Conciliation Act).
The ultimate goal of conciliation procedure is reaching a mutual consensus. The main strategy is cooperation; the key factor is mutual understanding.
Possible areas of application:
- disputes between companies on various contractual matters
- internal corporate disputes (e.g. disputes between managers and employees or disputes between different departments)
- financial rehabilitation proceedings - disputes between debtors and creditors
- property disputes (e.g. division of joint property)
Benefits of conciliation procedure:
- it is considerably faster and less formal than court proceedings
- it is less expensive than court proceedings
- it is confidential (deliberation in camera)
- cooperation of experts in various professional fields (legal and financial counsellors, communication experts)
- individual approach (besides legal arguments all other relevant circumstances are considered)
- more beneficial solution (a win-win situation) for all parties
- more accurate performance due to the fact that parties remain satisfied with the decision.
Unknown author: ‘Internal peace and satisfaction are not the result of the absence of conflicts, but of the ability to settle them!'