Q.1 What do you mean by Conciliation?

Conciliation is a process of resolving disputes or conflicts between two or more parties through
informal and cooperative methods. It involves the intervention of a neutral third party, known as
a conciliator, who facilitates communication, encourages dialogue, and assists the parties in
reaching a mutually acceptable agreement. Unlike formal legal proceedings, conciliation aims to
promote understanding and compromise between the parties rather than imposing a binding
decision. The focus is on finding common ground and maintaining or restoring a positive
relationship between the disputing parties.
For example, let's say two neighbors have a disagreement about a property boundary. Instead of
taking the matter to court, they decide to use conciliation. A third person, the conciliator, meets
with both neighbors separately to understand their concerns. Then, the conciliator brings them
together in a meeting where they discuss their issues and try to find a compromise. The
conciliator guides the conversation and helps them understand each other's viewpoints.
Eventually, the neighbors come to an agreement that works for both, and the conflict is resolved
without the need for a formal legal process.

In short, conciliation is a way to solve conflicts peacefully with the help of a neutral person who
encourages discussion and compromise.
Q.2 Process of Conciliation
Conciliation is a process used to resolve disputes or conflicts between parties in a cooperative
and amicable way. It involves a neutral third party, known as a conciliator, who assists the parties
in finding common ground and reaching a mutually acceptable solution. Here's a step-by-step
explanation of the conciliation process:
Initial Meeting and Introduction:
The conciliator meets individually with each party involved in the dispute to understand their
perspectives, concerns, and desired outcomes. During these meetings, the conciliator builds
rapport and establishes a neutral and confidential environment.
Example: Alex and Taylor work for the same company and have been having conflicts regarding
project roles and responsibilities. The conciliator, Chris, meets with Alex first to listen to their
side of the story and gather information about the dispute.

Joint Discussion and Clarification:

The conciliator arranges a joint meeting where both parties come together to discuss the issues in
a controlled and respectful manner. Each party can express their viewpoints, and the conciliator
ensures that communication remains constructive.
Example: In a joint meeting, Alex and Taylor express their concerns about their collaboration
challenges. Chris moderates the discussion, making sure both parties can share their thoughts
without interruption.

Identifying Common Ground and Solutions:

The conciliator helps the parties identify areas of agreement and potential solutions to the
dispute. Through active listening and effective communication, the conciliator encourages the
parties to find common ground and explore compromise.
Example: Chris guides Alex and Taylor through a brainstorming session where they discuss
different ways to divide tasks and work together more effectively. They realize that they both
value input in decision-making and agree to set up regular check-ins to discuss project progress.
Agreement and Documentation:
Once an agreement is reached, the conciliator assists the parties in formalizing the terms of the
agreement. The agreement may include specific actions, responsibilities, and timelines to ensure
the resolution is implemented.
Example: Alex and Taylor agree on a plan for better collaboration and task distribution. Chris
helps them outline the agreement, detailing the steps they will take and the changes they will
implement to improve their working relationship.

In the end, the conciliation process is designed to help parties in dispute find common ground
and reach an agreement that satisfies their needs and interests. It's a voluntary and flexible
process that encourages open communication and compromise, ultimately leading to the
resolution of conflicts without resorting to formal legal proceedings.

Q.3 Features of conciliation

Conciliation is a dispute resolution process that involves neutral third-party helping parties in
conflict reach a mutually acceptable agreement. Some features of conciliation include:
Neutral Third Party: A neutral mediator facilitates communication between parties to guide them
toward a resolution. Example: Two neighbors in a property dispute bring in a professional
mediator to help them reach an agreement on the property boundaries.

Voluntary Participation All parties willingly agree to participate in the conciliation process.
Example: In a labor dispute, both the employees' union and the management voluntarily choose
conciliation to address their differences over working conditions.

Open Dialogue: The mediator encourages open and respectful communication to promote
understanding. Example: Family members in conflict over an inheritance meet with a mediator to
discuss their concerns and arrive at an equitable distribution of assets.
 Creative Solutions: Conciliation allows for flexible and unique solutions tailored to the parties'
needs.ExampleTwo business partners with differing visions for the company's future work with a
mediator to devise a growth strategy that combines their ideas.

Focus on Agreement The primary goal is to find a solution that all parties find acceptable.
Example: In a divorce, the couple agrees to use conciliation to decide on child custody
arrangements, aiming to minimize emotional strain on the children.

Confidentiality Assured: The discussions and information shared during conciliation remain
private. Example: A company and a supplier engage in conciliation to resolve a contract dispute,
confident that sensitive business information won't be disclosed to competitors.
Relationship Preservation: Conciliation aims to resolve conflicts while maintaining or improving
relationships. Example: Friends who are in disagreement over shared expenses opt for
conciliation to ensure their long-standing friendship remains intact.

Non-Binding Outcome: The agreement reached through conciliation is not legally binding unless
all parties choose to make it so. Example: A landlord and tenant use conciliation to settle a
disagreement over property maintenance, agreeing that the resolution won't be legally enforced
unless both parties consent.

Time and Cost Efficiency: Conciliation is usually faster and less expensive than going to court.
Example: Businesses involved in a contractual dispute choose conciliation to swiftly resolve the
issue and avoid the lengthy legal process.

Flexible Process: Conciliation adapts to the specific needs and preferences of the parties
involved.
Example: Two artists in a copyright dispute explore conciliation as an alternative to litigation,
allowing them to address artistic credit and compensation creatively.

In summary, conciliation's features, such as involving a neutral mediator, voluntary participation,

open dialogue, creative solutions, confidentiality, relationship preservation, non-binding
outcomes, time and cost efficiency, and flexibility, make it a versatile and effective method for
resolving various conflicts.
Q.4 Reasons for the failures of conciliation
Reasons for failure of conciliation: Conciliation can fail for various reasons, such as parties
being unwilling to compromise, lack of trust, power imbalances, inadequate communication, or
unresolved underlying issues. It's important to address these factors to increase the chances of
successful conciliation. here's a more detailed explanation of the reasons for the failure of
conciliation:
Unwillingness to Compromise: If one or both parties are unwilling to make concessions or find
common ground, the conciliation process can stall. Effective conciliation requires a willingness
to give and take to reach a mutually acceptable solution.
Lack of Trust: If there is a history of mistrust between the parties or if one party perceives the
conciliator as biased, it can hinder the willingness to engage in meaningful discussions. Trust is
essential for open communication and cooperation.
Power Imbalances: When there is a significant power imbalance between the parties, the stronger
party may dominate the negotiations, making it difficult for the weaker party to assert its
interests. This can lead to an unfair or one-sided resolution.
Inadequate Communication: Poor communication can hinder the exchange of information and
the understanding of each party's concerns and interests. Misunderstandings and
misinterpretations can arise, leading to unsuccessful outcomes.
Unresolved Underlying Issues: If there are deep-seated or underlying issues that have not been
addressed, they can resurface during the conciliation process and prevent a lasting resolution. It's
important to identify and address these root causes.
Lack of Clear Process: Without a clear process for how the conciliation will be conducted,
including the roles of the parties and the conciliator, the process can become disorganized and
less effective.
Emotional Factors: Strong emotions such as anger, resentment, or fear can cloud rational
decision-making and hinder productive discussions. Emotional barriers need to be managed
effectively for successful conciliation.
External Pressures: External factors, such as public opinion, media coverage, or pressure from
third parties, can influence the parties' decisions and make it harder to reach a compromise.

Timing and Scheduling: If the parties cannot find suitable times to meet or if the process drags
on for too long, frustration and impatience can develop, leading to a breakdown in negotiations.
Lack of Expertise: If the conciliator lacks the necessary skills or expertise to guide the process
effectively, the parties may lose confidence in the process.
Legal or Regulatory Constraints: If the issues at hand are subject to complex legal or regulatory
frameworks, these constraints can limit the flexibility of the parties to find creative solutions. To
increase the chances of successful conciliation, addressing these factors requires clear
communication, trust-building efforts, a skilled and neutral conciliator, a structured process, and
a commitment from all parties to work towards a mutually beneficial resolution.

Q.5 Adjudication of the effectiveness of conciliation

Adjudicating the effectiveness of conciliation involves evaluating how well the process has
achieved its intended goals and whether it has led to a satisfactory resolution of the dispute. Here
are key aspects to consider when assessing the effectiveness of conciliation:

Agreement Reached: Determine whether the parties have reached a mutually acceptable
agreement that resolves the core issues of the dispute.

Satisfaction of Parties: Gather feedback from all parties involved to understand their level of
satisfaction with the conciliation process and the outcome.

Implementation of Agreements: Monitor the extent to which the agreed-upon solutions are being
implemented by the parties after the conciliation process concludes.

Time Efficiency:Compare the time taken to resolve the dispute through conciliation with the time
it might have taken through other methods, such as litigation.

Cost Savings: Assess the financial savings achieved through conciliation as opposed to
potentially costly legal proceedings.

Preservation of Relationships: Consider whether the conciliation process has contributed to

maintaining or improving relationships between the parties.
Reduction of Emotional Stress: Evaluate whether the conciliation process has helped parties
manage and reduce the emotional stress associated with the dispute.

Innovative Solutions: Determine whether the process has encouraged creative and mutually
beneficial solutions that might not have been possible through other methods.

Binding Nature of Agreements: If parties choose to formalize their agreement legally, check
whether it has been successfully implemented as a legally binding contract.

Reduction in Future Disputes: Consider whether the conciliation process has contributed to
preventing or minimizing future conflicts between the parties.

The professionalism of the Conciliator: Assess the skills, impartiality, and effectiveness of the
conciliator in guiding the process.
Confidentiality Maintenance: Verify whether the confidential nature of the discussions and
information shared during conciliation was upheld.

Resolution of Underlying Issues: Examine whether the conciliation process addressed not only
the immediate issues but also any underlying causes of the dispute.

By assessing these factors, it becomes possible to gauge the overall effectiveness of the
conciliation process in resolving the dispute, promoting cooperation, and achieving outcomes
that benefit all parties involved.

Q.6 Industrial dispute of the effective conciliation

An effective conciliation process can play a crucial role in resolving industrial disputes between
employers and employees or labor unions. Here's how an effective conciliation process can
address an industrial dispute:
Identification of Issues: The conciliation process starts by identifying the key issues that have led
to the industrial dispute, such as wage disputes, working conditions, or job security concerns.
Neutral Third Party Involvement: An impartial conciliator, often appointed by a government
agency or an independent organization, is brought in to facilitate the discussions.
Open Dialogue: The conciliator encourages both parties to openly communicate their grievances,
concerns, and interests. This helps ensure that each party's perspective is understood by the other.

Mediation and Facilitation: The conciliator mediates discussions, helping the parties explore
possible solutions while maintaining a cooperative and respectful environment.

Exploration of Solutions: The conciliator assists in brainstorming and exploring various solutions
that can address the concerns of both parties, considering options beyond traditional demands.

Focus on Mutual Interests: The conciliation process emphasizes identifying shared interests and
goals, which can pave the way for compromise and resolution.

Creative Problem-Solving: The parties are encouraged to think creatively to find solutions that
might not have been considered initially, allowing for win-win outcomes.

Agreement Drafting: If the parties reach an agreement, the conciliator helps draft a clear and
comprehensive document outlining the terms and conditions of the resolution.

Voluntary Acceptance: The final agreement is only binding if both parties voluntarily agree to the
terms. This empowers the parties to take ownership of the resolution.

Implementation Monitoring: The conciliator may follow up after the agreement to ensure that
both parties are implementing the terms as intended.

Relationship Building: An effective conciliation process can help repair strained relationships
between the parties, fostering a more positive and productive working environment.
Timely Resolution: Conciliation tends to be faster than legal processes, allowing for quicker
resolution of the industrial dispute and minimizing disruptions.

Cost-Efficiency: The cost of conciliation is generally lower than prolonged litigation, making it a
practical option for resolving disputes.

Sustainable Solutions: The collaborative nature of conciliation often leads to solutions that
address not only the immediate dispute but also underlying issues, reducing the likelihood of
future conflicts.

Legal Compliance: If both parties agree, the terms of the conciliation agreement can be
formalized legally, providing a framework for future actions and disputes.

In summary, an effective conciliation process in the context of an industrial dispute involves an

impartial mediator guiding discussions, promoting open dialogue, encouraging creative
solutions, and focusing on mutual interests. This process facilitates a quicker, cost-effective, and
cooperative resolution that can help restore workplace harmony and prevent future conflicts.

Q7. Different forms of industrial dispute?

There are some forms of industrial dispute has given below: -

Strikes: Strikes involve a temporary stoppage of work by employees as a way to put pressure on
employers to meet their demands. Strikes can be partial (affecting only a certain group of
workers or a specific task) or general (involving the entire workforce).

Lockouts: Lockouts are actions taken by employers where they prevent employees from entering
the workplace, usually in response to ongoing labor disputes. This is done to exert pressure on
the workers to accept the terms put forth by the employer.

Go-slows: In a go-slow, employees intentionally reduce their work pace, slowing down
productivity without completely stopping work. This tactic aims to disrupt normal operations and
impact the employer's profitability.
Work-to-Rule Actions: In a work-to-rule action, employees strictly adhere to all the rules,
regulations, and procedures specified in their employment contracts. This can lead to a slowdown
in operations due to the meticulous adherence to every detail.

Protests and Demonstrations: Sometimes industrial disputes spill out into public demonstrations
or protests. These events are designed to draw attention to the employees' concerns and often
involve picketing, rallies, or marches.

Sympathy Strikes: These occur when workers in a different industry or company strike in
solidarity with another group of workers who are facing an issue. This is done to increase the
pressure on the employer to address the demands.

Wildcat Strikes: These are unauthorized strikes that happen without the official approval of the
trade union. They can be spontaneous and are often the result of immediate frustrations or
grievances.

Gheraos: In some cases, employees might surround or physically confine the employer or
management within the workplace premises as a form of protest, demanding their demands be
met.

Sit-ins: Employees might occupy the workplace and refuse to leave until their demands are met.
This can disrupt normal operations and create public awareness.

Slowdown Strikes: Unlike go-slows, where employees work at a slower pace, slowdown strikes
involve employees deliberately reducing their output or productivity to impact the employer's
operations.

Token Strikes: These are short-duration strikes that serve as a warning to the employer. They are
meant to demonstrate the employees' dissatisfaction without causing prolonged disruptions.

Hunger Strikes: In some cases, individuals or groups might engage in hunger strikes as a form of
protest against certain policies or decisions, often to gain public sympathy and media attention.
These different forms of industrial disputes are used by employees and labor unions to negotiate
for better working conditions, higher wages, improved benefits, and other employment-related
issues.

Q.8 Causes of Industrial Disputes

The common causes of industrial disputes are –

1. Wages
2. Dearness Allowance and bonus
3. Working condition
4. Retrenchment and layoff
5. Inter-union rivalry
6. Violation of rules or codes
7. Political interference
8. Unfair labor practice
9.An authoritarian or autocratic attitude in management

All the above causes of industrial dispute are explained in detail one by one.

Wages
The most important cause of industrial disputes is wages. There is always a conflict exists
between management and employees related to determining employee wages.
Inflation and increasing cost of living results in demand for high wages which is responsible for
the industrial dispute.

Dearness Allowance and Bonus

Employees always want allowances, incentives, and bonus so they can satisfy their financial and
non-financial needs but high allowances and bonus create an extra burden on company revenue
so the company does not want to pay higher allowances and bonus which result in the never-
ending conflict between the organization and employers.
Working Condition
Industrial disputes in Bangladesh have also resulted from the demand for improved working
conditions such as leave, lesser hours of work, better working conditions like better safety
measures, canteen facilities, etc.

Retrenchment and Layoff

Another important cause of industrial disputes is regular layoff and retrenchment.
A layoff is defined as a temporary termination of an employee from his job

Interunion Rivalry
Trade Unions are inspired by different political ideologies. In some cases a political party shows
its consent to management decisions or policy, on the other hand, some trade unions have
discontent related to management decisions which creates never-ending disputes.

Violation of rules or codes

One of the important factors that cause industrial disputes is the violation of rules and codes by
both management and workers.
If businesses want to operate peacefully then they should follow the rules and regulations in
letter and spirit.

Political interference
All the trade unions have an affiliation or support with respective political parties. This nexus
between the trade union and political parties, make the industry a playground for showcasing
their money and muscle power which affects the smooth functioning of the organization’s
operation.

Unfair labor practices

Many times management uses dilatory tactics or discriminates against workers to suppress or
exploit those who are members of the trade union or who participate in the activities of the trade
union.
The organization uses unfair labor practices such as pressure on employees when they try to
exercise their rights to organize, take part in union activity, refusing to bargain, recruiting new
employees during a strike which is not illegal, creating an environment or actually creating an act
of force or violence or stop communication, etc.
Recognization dispute
Recognition Disputes arise when the management of an organization unwillingly to
recognize a trade union for the purpose of collective bargaining or to represent its
member employees in case of a conflict or dispute.
Management generally does not want to talk to the trade union over any industrial disputes with
representatives of the trade union therefore management deliberately refuses to accept that trade
union for the purpose of negotiations or bargaining.

The authoritarian or autocratic attitude of management

The authoritarian attitude of management is considered a root cause of industrial disputes.
Management has complete control over regulation or decision-making and undermines the
authority of trade unions.
The management uses excessive power to gain absolute control over workers which curbs the
rights of workers, and their autonomy, workers do not have any say in decision making and the
worker feels they are treated as a slave.

Q.10

Q.11

Q.13. How to build union-management co-operation?

Union-management cooperation refers to a collaborative relationship between labor unions
(representing workers) and management (representing employers) within an organization. It
involves working together to achieve common goals, resolve issues, and improve working
conditions. This collaboration can encompass areas such as negotiations, decision-making,
problem-solving, and implementing policies that benefit both parties and the overall workplace
environment. Building strong union-management cooperation involves fostering open
communication, mutual respect, and collaboration. Here are some steps you can consider:

Open Communication Channels: Establish clear and regular lines of communication between
union representatives and management. Regular meetings, newsletters, or online platforms can
facilitate this.

Transparency: Be open about company goals, financial health, and challenges. This helps build
trust between both parties.

Joint Problem-Solving: Encourage both sides to collaborate in finding solutions to workplace

issues. This can lead to better outcomes and demonstrate commitment to the workforce's well-
being.

Clear Policies: Develop policies that address conflict resolution, grievance procedures, and
collective bargaining. Clarity in these areas can prevent misunderstandings.

Training and Education: Provide training sessions for both union representatives and
management on negotiation skills, conflict resolution, and effective communication.

Shared Goals: Identify common goals that both sides can work towards. These might include
improving productivity, safety, or employee satisfaction.

Inclusive Decision-Making: Involve both union representatives and management in decision-

making processes. This can help ensure that decisions reflect a variety of perspectives.

Regular Check-ins: Schedule regular joint meetings to review progress, discuss challenges, and
find ways to strengthen collaboration.
Conflict Resolution Mechanisms: Have a well-defined process for resolving disputes or conflicts,
ensuring that they are addressed promptly and fairly.

Mutual Respect: Encourage an environment of mutual respect and understanding. Demonstrate

that both sides value each other's contributions.

Celebrate Success: Acknowledge and celebrate joint achievements and milestones to reinforce
the positive aspects of collaboration.

Feedback Mechanisms: Establish mechanisms for employees to provide feedback on their

experiences with collaboration efforts. Use this feedback to make improvements.

Remember that building union-management cooperation is an ongoing process that requires

dedication from both sides. It's essential to have the willingness to compromise and find common
ground for the benefit of both the employees and the organization.

Q.14. The procedure of settlement of a dispute in Bangladesh

A dispute is a disagreement or conflict between parties over issues, opinions, or actions. It can
involve differing viewpoints, claims, or interpretations, and often requires resolution or
negotiation to reach an agreement. In Bangladesh, disputes can be settled through various legal
means, including:

Negotiation: Parties try to resolve their differences through discussion and compromise.
Mediation: A neutral third party helps parties reach an agreement.

Arbitration: Parties submit their dispute to an arbitrator or a panel of arbitrators, whose decision
is legally binding.

Conciliation: Similar to mediation, the conciliator may offer suggestions for a solution.

Litigation: If other methods fail, parties can take their dispute to court. The court's decision is
legally binding.

Alternative Dispute Resolution (ADR): A combination of methods like mediation, arbitration,

and negotiation to find a resolution without going to court.

Family Courts: Deals with family-related disputes, providing a more informal setting.

Labor Courts: Handles disputes between employers and employees.

Land Dispute Settlement Courts: Focuses on land-related disputes.

Commercial Courts: Specialized courts for resolving commercial disputes.

Consumer Courts: Addresses complaints from consumers against businesses.

Tribal Courts: Resolves disputes within tribal communities according to their customs and
traditions.
Online Dispute Resolution (ODR): An emerging method for resolving disputes online, suitable
for certain types of conflicts.

It's important to consult legal experts or resources for up-to-date information on dispute
settlement procedures in Bangladesh.

Q.15 Challenges of Industrial Dispute

1)Industrial dispute creates stress, discontent, and strife between owner and employee.
2) Impairs communication between parties
3) Damages relationships and reduces productivity
4) Barriers to change increase
5) Reduces organizational commitment and loyalty
6)Increases differences and reduces consensus
7)Increases misunderstanding and bias.
8) Increases emotional problems.
9)Creates an atmosphere of mistrust and suspicion.

Q.16 How to overcome these challenges?

Overcoming industrial dispute challenges requires a strategic and collaborative approach that
addresses the concerns of both the workers and the management. Here are some steps you can
take to manage and resolve industrial disputes effectively:

Effective Communication: Open and transparent communication is key. Establish channels for
dialogue between management and employees, ensuring that concerns are heard and understood.
Conflict Resolution Techniques: Train managers and HR personnel in conflict resolution
techniques, negotiation skills, and effective communication. These skills can help de-escalate
tense situations and find common ground.
Early Intervention: Address potential disputes at an early stage before they escalate. Identify
signs of tension, dissatisfaction, or conflict and intervene proactively.
Collective Bargaining: Engage in collective bargaining with employee representatives or unions.
Negotiate terms and conditions of employment, benefits, and other relevant issues in a
collaborative manner.

Mediation: Consider involving a neutral third-party mediator to facilitate discussions between

management and employees. Mediators can help parties find mutually acceptable solutions.
Labor Laws and Regulations: Ensure compliance with relevant labor laws and regulations. A
thorough understanding of legal frameworks can help prevent disputes and resolve them within
the boundaries of the law.

Employee Engagement: Foster a culture of employee engagement and involvement. When

employees feel valued and included in decision-making processes, they are more likely to voice
concerns constructively.

Transparent Policies Develop and communicate clear workplace policies that address issues such
as grievances, employee rights, dispute resolution mechanisms, and code of conduct.

Wellness Programs: Implement employee wellness programs that address physical and mental
well-being. A healthy workforce is generally more satisfied and less prone to conflicts.

Performance Management: Fair and consistent performance management can help address issues
related to work performance, expectations, and accountability, reducing potential sources of
conflict.

Training and Development: Provide ongoing training to both employees and management on
topics like effective communication, conflict management, and diversity and inclusion.

Feedback Mechanisms: Establish formal channels for employees to provide feedback and raise
concerns. Act on feedback promptly to show that management is responsive to employee needs.
Participative Decision Making: Involve employees in decision-making processes that directly
affect their work and well-being. This can lead to a sense of ownership and reduce potential
conflicts.

Monitoring and Evaluation: Continuously monitor workplace dynamics, employee satisfaction,

and potential sources of conflict. Regularly evaluate the effectiveness of dispute resolution
mechanisms.
Trust-Building: Building trust between management and employees is crucial. Consistently
delivering on promises and being transparent can help foster this trust.

Remember that every situation is unique, and the approach you take should be tailored to the
specific circumstances of your organization and the nature of the dispute. It's also advisable to
seek legal counsel and professional guidance when dealing with complex industrial dispute
challenges.