Difference between Mediation and Conciliation
|
Basis |
Mediation |
Conciliation |
|---|---|---|
|
Meaning |
Mediation is a process where the disputing parties appoint a third neutral party, called a Mediator to help them negotiate and settle the disputes amicably. | It is a process where the disputing parties appoint a third neutral party, called the Conciliator to help them negotiate and provide a settlement solution. |
|
Objective |
The objective behind Mediation is to enable the parties to talk about their differences and come to a middle ground. | The objective behind Conciliation is to attempt to settle the disputes amicably through the suggestion of a neutral third party; i.e., Conciliator. |
|
Role of Third Party |
The Mediator brings the disputed parties together and it is on the parties to talk and negotiate by themselves. | The Conciliator has to bring the parties together and make an active effort to settle the disputes between the parties. |
|
Nature of Procedure |
Mediation is a less formal mode of dispute resolution. | Conciliation is more formal than Mediation, but less formal in comparison with Arbitration. |
|
Governing Legislation |
Mediation is governed under the Mediation Act, 2023, which is a legislation that was passed recently. | Conciliation is governed under the Arbitration and Conciliation Act, 1996. |
Difference between Mediation and Conciliation
Mediation and Conciliation are the two most important mechanisms of Alternate Dispute Resolution (ADR). Although these two are distinct concepts, they are mostly seen in a similar light. Moreover, they were accepted by the legislation much later than the arbitration. Therefore, Mediation and Conciliation remain to be seen as clubbed together, on the other side.