Conciliation in the United States

What is Conciliation?

For a meaning of it, read Conciliation in the Legal Dictionary here.

Practical Information

The act of a third party helping two contending parties settle their differences. A conciliator transmits information between the parties as requested and otherwise tries to keep negotiators at their appointed tasks. The conciliator is not supposed to evaluate or to express a judgment on the merits of opposing contentions. See arbitration (in U.S. law); mediation (in U.S. law).(Revised by Ann De Vries)

Labor Conciliation

In the United States several states have legislated on the subject of conciliation and arbitration, among the first of such acts being the “Wallace” Act of 1883, in Pennsylvania, which, however, was almost inoperative. Altogether, 24 states have made constitutional or statutory provision for mediation in trade disputes, of which 17 contemplate the formation of permanent state boards. The only state laws which require notice are those of Massachusetts and New York providing for the formation of state boards of arbitration.

The Massachusetts board, founded in 1886, consists of one employer, one employed and one independent person chosen by both. The New York board (1886) consists of two representatives of different political parties, and one member of a bona fide trade organization within the state. In both states it is the duty of the board, with or without application from the parties, to proceed to the spot where a labour dispute has occurred, and to endeavour to promote a settlement. The parties may decline its services, but the board is empowered to issue a report, and on application from either side to hold an inquiry and publish its decision, which (in Massachusetts) is binding for six months, unless sixty days’ notice to the contrary is given by one side to the other. Several states, including Massachusetts and New York, provide not only for state boards, but also for local boards.

In Massachusetts, during 1906, the state board dealt with 158 disputes. Of these the board was appealed to as arbitrator in 95 cases. Awards were rendered in 80 cases, 12 cases were withdrawn and 3 cases were still pending at the end of the year. In New York the number of cases dealt with is much smaller.

Federal legislation can only touch the question of arbitration and conciliation so far as regards disputes affecting commerce between different states. Thus an act of June 1898 provides that in a dispute involving serious interruption of business on railways engaged in inter-state commerce, the chairman of the Inter-State Commerce Commission and the commissioner of labour shall, on application of either party, endeavour to effect a settlement, or to induce the parties to submit the dispute to arbitration. While an arbitration under the act is pending a strike or lock-out is unlawful.

Source: Encyclopedia Britannica (1911)

Conciliation

Resources

See Also

• Mediation
• Labor Law

Resources

Further Reading

• Information about Conciliation in the Gale Encyclopedia of American Law.