Conciliation

Dispute
Modes of resolution of disputes
Litigation
Arbitration
Conciliation
Mediation
Negotiation
 Arbitration and conciliation act 1996

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
 Conciliation
adjustments and settlement of a dispute in a friendly and non-antagonistic manner by using a non binding
procedure

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.
 Introduction
• applies to conciliation of disputes arising out of legal relationship, whether
contractual or not, and to all proceedings relation 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
 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
 Commencement of
conciliation proceeding:-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 writings 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
 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.
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, with the appointment of conciliation, and in particular,-
(a) A party may request such as institution or person to recommend the names of suitable individuals to act
as conciliators;
(b) The parties may agree that the appointment of one or more conciliators be made directly be such an
institution or person: