What is Conciliation?

Conciliation is a private mode for the settlement of disputes, where the parties appoint a neutral third party called the Conciliator. The conciliator actively participates in the process and assists the parties in reaching a middle ground. It is a way to resolve disputes by deriving a compromise between the parties. Here, the parties have the freedom to appoint more than one conciliator.

Conciliation is one step ahead of Mediation. Here, the conciliator is duty-bound to act in a just and impartial manner and give both parties a fair hearing. If at any point of time, the conciliator thinks there is a possibility for the settlement of disputes, the conciliator can propose a settlement to the parties. Based on the suggestion from the parties, the conciliator prepares a settlement agreement that becomes binding on the parties and enforceable in the court of law as a Settlement Agreement.

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.

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What is Mediation?

Mediation is a mechanism of the Alternative Dispute Resolution (ADR) process in which the disputing parties select one or more neutral persons, who have no personal interest in the case and who can bring the parties together to discuss the case and deliberate on the dispute and reach an agreement. In the case of Mediation, the neutral person acts as a Mediator, and they act as a medium of facilitating the mediation process between the parties....

What is Conciliation?

Conciliation is a private mode for the settlement of disputes, where the parties appoint a neutral third party called the Conciliator. The conciliator actively participates in the process and assists the parties in reaching a middle ground. It is a way to resolve disputes by deriving a compromise between the parties. Here, the parties have the freedom to appoint more than one conciliator....

Difference between Mediation and Conciliation

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Conclusion

Both Mediation and Conciliation form a part of Alternative Dispute Resolution (ADR) mechanisms and are adopted by parties as a convenient, flexible, voluntary, and private form of dispute resolution. It is also considered that both these procedures are slightly informal as compared to the process of Arbitration, which is more formal in nature. However, between Mediation and Conciliation, the main aspect of difference is that in Mediation, the mediator is required to act as a facilitator and not provide individual inputs; whereas, in Conciliation, the conciliator provides his input and makes all attempts and persuade both the disputed parties to come to a settlement. Thus, Mediation is different from Conciliation in respect of the powers and functions of the Mediator and the Conciliator....

Frequently Asked Questions (FAQs)

1. Can Mediation and Conciliation both be used as a mechanism for resolving disputes?...