About Reconciliation | EESTI LEPITAJATE ÜHING MTÜ

Before you plan to break up, read: Parental cooperation planning after breakup

What is reconciliation?

Reconciliation can be described as an assistant communication for the purpose of reaching an agreement. Reconciliation, arbitration and negotiation are the three main non-judicial methods of conflict resolution. Different subspecies exist for each method because the conflict resolution methods are adapted to the needs. So are the types of reconciliation many.

In the case of conciliation, the central concept is informed consent. If the parties understand the reconciliation process of their choice and are freely willing to participate in the process, almost any conciliation process is possible and appropriate.

Key features of the conciliation process:

• - Volunteering. Contrary to the trial, parties can leave at any moment, for any reason or even for no reason. The focus is on needs and possible solutions, not rights and responsibilities.

• - Control. During the conciliation process, the control is entirely in the hands of the parties. Each party has full decision-making and veto power at each point of the agreement. The conciliation process does not allow any party to impose anything.

• - Informations. The conciliation process allows parties to fully obtain and use the expertise and advice of lawyers and other experts. At the same time, expert advice is never decisive in reconciliation. The power of decision is and will always remain with the parties, including the decision to involve the experts in the conciliation process.

• - Neutrality, equality and security. The conciliator has an equal obligation to each party. It is forbidden for the conciliator to support one party more than the other, or to prefer one outcome of reconciliation over the other. The conciliator has an ethical oblation to inform the parties about their own substantive prejudices on the topics being discussed. The role of the conciliator is to ensure that the parties reach an agreement in a voluntary and informed way, not through coercion or deterrence.

• - Confidentiality. Reconciliation is entirely confidential unless the parties themselves agree otherwise. All evidence and what is said in the course of the reconciliation are unacceptable in further processes, except for the document describing the content of the agreement established and signed by the parties. The conciliator is obliged to clearly describe the confidentiality of the conciliation process and the exceptions to it.