CONCILIATION

BY:-
GURPUNEET SINGH
18BAL5170
 CONTENT

1. INTRODUCTION
2. CONCILIATOR
3. PROCEDURE OF CONCILIATION
4. CONCILIATION MACHINERY IN INDIA
5. MATTER THAT CAN BE REFERRED TO CONCILIATION
6. MATTERS THAT CAN’T BE REFERRED TO CONCILIATION
7. ADVANTAGES OF CONCILIATION
8. DISADVANTAGES OF CONCILIATION
 INTRODUCTION
Conciliation means settling disputes without litigation. In
layman’s language conciliation is an alternative out of
court dispute resolution method. It is an informal process
in which the third party i.e. conciliator tries to bring the
disputants to an agreement. The process of conciliation is
flexible, low cost and allow parties to define the time,
structure and content of conciliation. The acceptance of
agreement is needed by both the parties. The proceedings
of conciliation are very rarely made public.
 CONCILIATOR
Conciliator is the third party who is involved in settling the
dispute of the parties. Generally, there is one conciliator
for the settlement but there can be more than one
conciliator, if the parties have requested for the same. If
there is more than one conciliator then they will act jointly
in the matter. In Conciliation, the conciliators are trained
and qualified neutral person who help the conflicting
parties to make them understand the issues in dispute and
their interest to reach mutually accepted agreements
 PROCEDURE OF CONCILIATION
Section 62 of The Arbitration and Conciliation Act,1996 lays out the procedure
for commencement of the Conciliation procedure. As per section 62, the
initiative of the conciliation will start when one party will send written invitation
to conciliate upon the matter to the opposing party or the other party. The
procedure will only commence if the other party accepts the invitation in written
with in 3O days. If the party rejects the invitation or the inviting party does not
get a reply from the other party within 3O days then it will be treated as a
rejection of the invitation. As per section 65, the submission of the statements of
both the parties to the conciliators is necessary. Each party should submit a
brief written statement regarding dispute as requested by the conciliator. The
statement should describe the general nature of the dispute and the points of
issue. Each party should send a copy of their statement to the other party.
 CONCILIATION MACHINERY IN INDIA
- The Conciliation machinery in India consists of :-
Conciliation Officer :-The law provides for the appointment of Conciliation
Officer by the Government to conciliate between the parties to the industrial
dispute. The Conciliation Officer is given the powers of a civil court. The officer
is expected to give judgement within 14 days of commencement of proceedings.
Board of Conciliation :- In case Conciliation Officer fails to resolve the
differences between the parties, the government has the discretion to appoint a
Board of Conciliation.It consists of a chairman and two or four other members.
The board is expected to submit report within two months.
Court of Inquiry :-In case of the failure of the conciliation proceedings to settle
a dispute, the government can appoint a Court of Inquiry to enquire into any
matter connected with or relevant to dispute. The report of the dispute is
submitted within 6 months.
 MATTERS THAT CAN BE REFERRED TO
CONCILIATION
Matters of :-
Breach of contract
Civil nature
Disputes of movable or immovable property
 MATTERS THAT CANNOT BE
REFERRED TO CONCILIATION
Matters of :-
Criminal nature
Illegal transactions
Matrimonial disputes for e.g.- divorce etc.
 ADVANTAGES OF CONCILIATION
The procedure of the conciliation is the privacy of the parties.The settle
agreement, which is drawn by the conciliator in a form of resolution of
dispute is kept confidential in nature and in fact all the evidences submitted
by the parties, the arguments presented, the minutes of the meetings are kept
confidential and the conciliators are bound to abide by it.
The procedure of Conciliation can be terminated whenever even one of the
parties feel the need of doing so.
There is little scope of manipulation and corruption due to the transparency
in the dispute resolution method.
It is a flexible procedure which can be suited to the needs of small as well as
large disputes
The process of conciliation is efficient in time and cost.
 DISADVANTAGES OF CONCILIATION
As the process of conciliation is informal, there is a high
possibility of delivering injustice.
Conciliator is not a legally qualified person for resolving disputes.
The decision of the conciliator is not binding upon the parties
Miscommunication of information: The role of the conciliator to
settle up the case by giving information of one party to another
and vice versa. The process of sending and receiving information
sometimes leads to mixed and incorrect information. So, by these
processes one can easily interpret the information given.