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conciliation, both parties can freely accept the negotiated award or prefer to bring the case for resolution to a labour court. The main motivation to use Indian context stems from a recent amendment to the section 2(a) of Industrial Dispute Act of 1947 that provides a multi tier dispute resolution mechanism.
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- Rahul Suresh Sapkal
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Dec 29, 2020 · Role of conciliator as per Arbitration and Conciliation Act, 1996. Section 67 of the act describes the role of the conciliator as-. (1) The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.
- Introduction
- Meaning of Conciliation
- Features of Conciliation
- Application & Scope of Conciliation in India
- Appointment of Conciliators
- Principles of Conciliation Procedure
- Procedure of Conciliation
- Difference Between Conciliation and Arbitration
- Conclusion
The Arbitration and Conciliation Act, 1996, as the name itself suggests, deals with two types of proceedings; domestic arbitration and conciliation proceedings. While provisions relating to domestic arbitration are contained in Part 1 which includes Sections 1 to 43, the conciliation proceedings which includes Sections 61 to 81(Part II deals with e...
Briefly stated, conciliation means any third party assisted alternate dispute resolution (ADR) approach. He discusses the details of the dispute with the parties and on the basis of facts collected, he himself draws up and proposes a solution, which in his opinion is most fair and reasonable. It differs from mediation, the mediator only assists the...
The main features of conciliation under the Arbitration and Conciliation Act, 1996 are as follows: 1. The process is non-adversary in nature there being no plaintiff or defendant or claimant or opposite party. 1. It is voluntary in nature, depending on parties to agree or not to agree with the solution drawn up by the conciliator. 1. The conciliato...
Section 61 of the Arbitration and Conciliation Act of 1996, provides for the Application and Scope of Conciliation. Section 61 pointsout that the process of conciliation extends, in the first place, to disputes, whether contractual or not. But the disputes must arise out of the legal relationship. It means that the dispute must be such as to give o...
Section 64 deals with the appointment of the conciliators. Where the parties agree to take recourse to conciliation with one conciliator, the conciliator so appointed will be called the sole conciliator and he will be named by the parties themselves. When the parties prefer conciliation proceedings to be conducted by two conciliators, each party ma...
Independence And Impartiality– Section 67
According to it the conciliator should be independent and impartial. He should assist the parties in an independent and impartial manner while he is attempting to reach an amicable settlement of their dispute.
Fairness and justice- Section 67
According to it the conciliator should be guided by the principles of fairness and justice. He should take into consideration, among other things, the rights and obligations of the parties, the usages of the trade concerned, and the circumstances surrounding the dispute including any previous business practices between the parties.
Confidentiality- Section 70
According to it the conciliator and the parties are duly bound to keep confidential all matters relating to conciliation proceedings. Similarly when a party gives information to the conciliator on the condition that it be kept confidential, the conciliator should not disclose that information to the other party.
Commencement of the conciliation proceedings– Section 62
According to it the conciliation proceedings are initiated by one party sending a written invitation to the other party to conciliate. The invitation should identify the subject of the dispute. Conciliation proceedings are commenced when the other party accepts the invitation to conciliate in writing. If the other party rejects the invitation, there will be no conciliation proceedings. If the party inviting conciliation does not receive a reply within thirty days of the date he sends the invi...
Submission of Statement to Conciliator- Section 65
According to it the conciliator may request each party to submit to him a brief written statement. The statement should describe the general nature of the dispute and the points at issue. Each party should send a copy of such a statement to the other party. The conciliator may require each party to submit to hima further written statement of his position and the facts and grounds in its support. It may be supplemented by appropriate documents and evidence. The party should send the copy of su...
Conduct of Conciliation Proceedings- Section 69
According to itthe conciliator may invite the parties to meet him. He may communicate with the parties orally or in writing. He may meet or communicate with the parties together or separately. In the conduct of the conciliation proceedings, the conciliator has some freedom. He may conduct them in such a manner as he may consider appropriate. But he should take in account the circumstances of the case, the express wishes of the parties, a party’s request to be heard orally and the need for spe...
Though like arbitration, conciliation is also another means of settling disputes, the two differ in many vital aspects. The only similarity that appears between the two is that a ‘third person’ is chosen or nominated by the parties to resolve their disputes. Russel, in his Book on Arbitration has brought out the distinction between functioning of a...
The introduction of conciliation as a means of alternate dispute resolution in the Act is definitely a positive step towards encouraging parties to opt for it. Taking into consideration the time, effort and money involved in pursuing cases before a court or an arbitrator in India, conciliation should act as the perfect means for resolving disputes,...
Dec 4, 2020 · Introduction: Conciliation is an alternative method to solve the dispute between the parties. Under this method, the parties appoint a conciliator who listens to the parties dispute and solves them. This method is flexible and confidential. The conciliator appointed is a neutral 3 rd party.
Dec 31, 2023 · The requirement of conciliation comes through when the demand or disagreement involves a considerably high number of people on one side and a few, but powerful people on the other side. The agenda behind conciliation is for the demands or claims of the party having less bargaining power to be heard and to be met with.
Jul 27, 2021 · Under conciliation, the parties of their own volition appoint an impartial and unbiased third party who takes on the role to create dialogue between the parties to reach a settlement. Conciliation is also characterised by the voluntary will of the parties who want to conciliate a dispute.
People also ask
What should a conciliator do before the process of conciliation?
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Jun 11, 2024 · What is dispute resolution? There are three basic types of dispute resolution, each with its pros and cons. The first two, mediation and arbitration, are considered types of alternative dispute resolution (ADR) because they are an alternative to litigation. Types of dispute resolution.
