Role of Conciliator
Role of Conciliator
What is Conciliation?
Conciliation is a form of alternative dispute resolution (ADR) where a neutral third party, called a Conciliator, assists the disputing parties to reach a mutually acceptable settlement.
Unlike arbitration or litigation, conciliation is voluntary and non-binding until parties reach an agreement.
Who is a Conciliator?
A Conciliator is an impartial third party appointed by the parties or a court/tribunal to facilitate negotiations, reduce misunderstandings, and help resolve disputes through dialogue.
Role of Conciliator
The role of a Conciliator can be understood as follows:
| Aspect | Description |
|---|---|
| Facilitator | Acts as a facilitator in communication, helping parties express their views and concerns openly. |
| Neutral and Impartial | Maintains strict neutrality, does not favor any party or impose a decision. |
| Advisor and Guide | Provides suggestions, clarifications, and guidance on possible solutions but does not decide the dispute. |
| Encourages Settlement | Promotes negotiation and helps parties understand the benefits of amicable settlement. |
| Builds Trust | Works to create an atmosphere of trust and cooperation between parties. |
| Clarifies Issues | Identifies the core issues and interests of both parties to narrow down points of dispute. |
| Drafts Agreement | May assist in drafting the settlement agreement once parties reach consensus. |
Key Characteristics of Conciliator’s Role:
Non-adversarial: The conciliator works towards cooperation rather than confrontation.
Voluntary Process: Parties choose to conciliate and can withdraw anytime.
Confidential: The process is confidential, helping parties communicate freely.
Non-binding Suggestions: Unlike an arbitrator or judge, the conciliator’s recommendations are not binding unless parties agree.
Flexible Procedure: The conciliator decides the procedure in consultation with the parties.
Legal Position & Case Law
1. K.K. Verma v. Union of India, AIR 1973 SC 666
Facts: The Supreme Court highlighted the significance of conciliation in labor disputes.
Held: The role of a conciliator is to promote an amicable settlement by conciliating differences. The court emphasized the importance of conciliation in reducing industrial disputes and fostering cooperation.
2. Union of India v. Bharat Aluminum Co. Ltd. (BALCO), (2012) 9 SCC 552
Although primarily about arbitration, the Supreme Court acknowledged the value of ADR mechanisms like conciliation for resolving disputes efficiently outside courts.
3. Nafis Ahmad v. Delhi Administration, AIR 1968 SC 1081
The Supreme Court recognized the importance of conciliation as a method of settling disputes to reduce judicial burden and maintain harmonious relations.
Conciliator under Various Laws in India
Industrial Disputes Act, 1947: Conciliation officers are appointed to mediate between employers and workers.
The Arbitration and Conciliation Act, 1996: Part III deals with conciliation, giving it a formal statutory framework.
The Consumer Protection Act, 2019: Provides for conciliation as an ADR mechanism to settle consumer disputes.
Summary of the Role of Conciliator
| Functions | Purpose/Effect |
|---|---|
| Facilitate negotiation | Helps parties communicate effectively |
| Maintain neutrality | Ensures fair treatment of both parties |
| Encourage settlement | Reduces conflict and saves time, cost |
| Clarify facts | Identifies real issues and interests |
| Suggest solutions | Provides options but does not impose |
| Draft settlement | Formalizes agreement for enforcement |
Why is the Role of a Conciliator Important?
Reduces burden on courts
Preserves relationships (especially important in commercial, labor, family disputes)
Faster and cost-effective dispute resolution
Flexible and informal process
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