ABSTRACT
A conciliator is one who intervenes between disputants in order to promote calm discussion, to draw forth frank explanations, or to suggest possible terms of compromise. An arbitrator is one appointed either by the consent of the parties, or by superior authority, to inquire into the facts, to receive explanations from both sides, and then, with or without the concurrence of the disputants, to assign the terms of arrangement. To constitute arbitration in the proper sense of the term there must be some statutory or judicial power under which the arbitrators proceed. Even if the parties enter into arbitration in a perfectly voluntary way, they must surrender their freedom to a certain extent, by agreeing to accept the arbitrators' award, and thus enabling it to be judicially imposed. In many cases the work of such conciliators will consist in little more than inquiring into the real facts of the case, and impartially and authoritatively making them known to both parties.
