Conciliation is a process for resolving disputes through non-binding mediation with a neutral third party conciliator. The conciliator helps facilitate discussions between the disputing parties to develop an mutually agreeable solution. Key aspects of conciliation include voluntary participation, confidentiality, flexibility, and focusing on the interests of the parties rather than legal rights. The conciliator aims to find a middle ground and reduce differences between parties to reach a settlement and restore peace.

1. CONCILIATION
By,
PALLAVI VERMA

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Dispute

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Modes of
Resolution of Disputes
 Litigation
 Arbitration
 Conciliation
 Mediation
 Negotiation

4. The Act is divided in to the following
parts:-
(a) Part I - Domestic arbitration.
(b) Part II - Enforcement of foreign awards.
(c) Part III - Conciliation procedures.
(d) Part IV - Supplementary provisions.
Arbitration and conciliation act
1996:

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Adjustment and settlement of a dispute in a
friendly and non-antagonistic manner by
using a non binding procedure.

6. Conciliation:-
Introduction:
•The most important method for prevention
and settlement of industrial disputes
through third party intervention.
•The settling of disputes without litigation.
•It is a method of settlement.
•It is a process by which discussion between
parties is kept going through the
participation of a conciliator.
•It brought both the parties of dispute into
harmony.

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INTRODUCTION…
 Applies to conciliation of disputes arising out of
legal relationships, whether contractual or not, and
to all proceedings relating thereto.S.61
 Party wanting conciliation shall “INVITE” other
party to conciliate.
 Proceedings commence only when a reply is
received within 30 days, else deemed rejection of
invitation
 On rejection or deemed rejection first party to re-
inform the other.

8. Conciliation
 ‘Conciliation’ is limited to encouraging the parties to
discuss their differences and to help them develop their
own proposed solutions.
 It is voluntary, flexible, confidential, and interest based
process. The parties seek to reach an amicable dispute
settlement with the assistance of the conciliator, who
acts as a neutral third party.

9. Commencement of conciliation
proceedings :- S.62
 The conciliation proceedings can start when one of
the parties makes a written request to other to
conciliate, briefly identifying the dispute.
 The conciliation can start only if other party accepts
in writing the invitation to conciliate.
 Unless there is written acceptance, conciliation
cannot commence. If the other party does not reply
within 30 days, the offer for conciliation can be
treated as rejected

10. CONCILIATOR:-
 The conciliator is a neutral party, who without using
any force, seeks to find some middle course for
mutual agreement between the disputants so that the
deadlock is brought to an end at the earliest possible
moment and normal peace restored.
 He tries to bridge the gulf between the two
contending parties; and if he does not succeed, he
tries to reduce the differences as far as possible, by
tendering advice to them and working out an
amicable settlement.
 He cannot suggest solutions but suggests alternative
solutions

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Appointment of conciliators. – s. 64 (1) &(2)
(1) . Subject to sub-section (2), - of sec.64
(a). In conciliation proceedings with one conciliator, the parties may agree on
the name of a sole conciliator;
(b). In conciliation proceedings with two conciliators, each party may appoint
one conciliator;
(c). In conciliation proceedings with three conciliators, each party may appoint
one conciliator and the parties may agree on the name of the third conciliator
who shall act as the presiding conciliator.
(2). Parties may enlist the assistance of a suitable institution or person in
connection with the appointment of conciliators, and in particular, -
(a). A party may request such an institution or person to recommend the
names of suitable individuals to act as conciliator;
(b). The parties may agree that the appointment of one or more conciliators be
made directly by such an institution or person:

12. Role of a Conciliator:- S.67
 As a Discussion Leader
 As a safety valve
 As a Communication link
 As an Innovator
 As a Sounding board
 As a Protector
 As a Fail-safe device

13. Conciliator not bound by certain
Enactments: - S. 66
•The conciliator is not bound by
the Code of Civil Procedure, 1908
(5 of 1908) or
•The Indian Evidence Act, 1872 (1
of 1872).

14. What Can Be Referred To
Conciliation?
Matters of a –
 Civil nature
 Breach of contract
 Disputes of movable or immovable property

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What Cannot Be Referred To
Conciliation?
Matters of –
 Criminal nature
 Illegal transactions
 Matrimonial matters like divorce suit etc.

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After the proceedings:- s.71
cooperation of parties with
concilator
 Before proceedings conciliator shall request each party
to submit a statement explaining nature of dispute.
 The statement must clearly specify and state the
conciliators position and the facts and grounds in
support thereof.
 During the proceedings the conciliators can call for
further information from the parties and S.71 calls for
cooperation by parties.

17. 05/09/14
Section 76
Termination of Conciliation Proceedings
The conciliation proceedings shall be terminated –
(a) by the signing of the settlement agreement by the parties, on the date of the
agreement; or
(b) by a written declaration of the conciliator, after consolation with the
parties, to the effect that further efforts at conciliation are no longer justified,
on the date of the declaration; or
(c) by a written declaration of the parties addressed to the conciliator to the
effect that the conciliation proceedings are terminated, on the date of the
declaration; or
(d) by a written declaration of a party to the other party and the conciliator, if
appointed, to the effect that the conciliation proceedings are terminated, on the
date of the declaration.

18. Advantages of conciliation:
Conciliation ensures party autonomy.
Conciliation ensures the expertise of the
decision maker.
Conciliation is time and cost efficient.
Conciliation ensures confidentiality.

19. Uniqueness of
Conciliation:-
 A conciliator generally does not follow
the same procedure in every case.
 Conciliator makes adjustments to his
approach, strategy and technique
according to the circumstances of each
dispute.