If we talk about Conciliation then basically Conciliation means encouraging people or the relevant parties to discuss their differences and sort out their issues through a Conciliator. Now the conciliator is a neutral party, who generally without being bias, and without using any kind of pressure tries to find out a middle way to clear out the differences so that the issue can be brought to an end at the earliest possible way. Conciliation is an alternative dispute resolution method. Conciliation can be said as adjustment and proper settlement of a dispute in a friendly manner using a non binding procedure. Part III of the Arbitration and Conciliation Act, 1996 deals with Conciliation Procedures. Generally party who wants that dispute should be settle through way of conciliation, and then he should invite the other party to opt for conciliation. They are interest-based, because the reconciler can once proposing a settlement, not only take into account the parties' legal positions, but also their; commercial, financial and / or personal interests.
The legal wants of nations, top firms, and ordinary people have changed over the last decade. When generally people faced with a dispute people believe that, whenever possible, it is more advantageous to reach practical and private agreements than to fight for years and spend huge amounts of money in courtroom battles, this is a harsh reality and this is why the reason today people opt for Conciliation method. Due to lot of time consumption and money involved in the trial process, people, various communities have increasingly turned to legal alternatives that are more prompt, private and economical than the going seeking help from Courts. Alternative Dispute Resolution (ADR) refers to the wide sphere of legal avenues that use means other than trial to settle disputes. Conciliation is a process that involves building a positive relationship between the parties of dispute; however, it is fundamentally different than mediation and arbitration in several respects. The “conciliator” is an impartial person that assists the parties by driving their negotiations and directing them towards a satisfactory agreement. It is unlike arbitration in that conciliation is a much less adversarial proceeding; it seeks to identify a right that has been violated and searches to find the optimal solution.
In conciliation, the conciliator is a person who is responsible for the figuring out the best solution for the parties. Conciliation is used almost preventively, as soon as a dispute or misunderstanding surfaces: a conciliator pushes to stop a substantial conflict from developing. And often it is very necessary that the conciliation body including the conciliator must have the trust and faith of the parties, without this trust, the efforts and involvent will go in vein. Further the parties are not bound to totally implement the decision of the conciliating body, but they can also reject it. In his view, the purpose of dispute resolution within international organizations is not to determine who is wrong or who is right, but mainly to settle a dispute that could keep the organization from running smoothly.
Further the Conciliation proceedings can only be imitated when one of the parties makes a written request to the other party to conciliate telling about the dispute, and further the conciliation can only be started if the other party freely accepts the invitation to go for conciliation. To make a note of if the other party does not reply within 30 days then it is said that the offer of conciliation is rejected and not accepted. The Conciliator is not bound by the act of Code of Civil Procedure, Indian Evidence Act. Generally matters relating to criminal matters cannot be referred to conciliation. Today people opt for conciliation because it is time and cost efficient. Conciliation also ensures confidentiality. It is seen that conciliator uses his own stratagey, technics as per the circumstances to provide the solution. A conciliator does not follow the same procedure in every case. The process of conciliation is quite flexible and is simple. Conciliation is a voluntary process and the conciliator has no authority to impose on the parties a solution to the dispute. Like any other ADR process the sanctity of conciliation is the mutual determination of the parties to amicably resolve their disputes through an ADR mechanism. In conciliation proceedings ordinarily there is one conciliator unless the parties agree that there shall be two or three conciliators. The role of the conciliator is to assist the parties to arrive at an amicable settlement. The conciliator may, at any stage of the conciliation proceedings, himself make proposals for a settlement of the dispute. The end result in conciliation is a negotiated settlement which is treated to be an arbitral award on agreed terms, thereby obviating the possibility of successive appeals and finally resolving the dispute in an expeditious and cost effective manner.
If we talk about Conciliation then basically Conciliation means encouraging people or the relevant parties to discuss their differences and sort out their issues through a Conciliator. Now the conciliator is a neutral party, who generally without being bias, and without using any kind of pressure tries to find out a middle way to clear out the differences so that the issue can be brought to an end at the earliest possible way. Conciliation is an alternative dispute resolution method. Conciliation can be said as adjustment and proper settlement of a dispute in a friendly manner using a non binding procedure. Part III of the Arbitration and Conciliation Act, 1996 deals with Conciliation Procedures. Generally party who wants that dispute should be settle through way of conciliation, and then he should invite the other party to opt for conciliation. They are interest-based, because the reconciler can once proposing a settlement, not only take into account the parties' legal positions, but also their; commercial, financial and / or personal interests.
The legal wants of nations, top firms, and ordinary people have changed over the last decade. When generally people faced with a dispute people believe that, whenever possible, it is more advantageous to reach practical and private agreements than to fight for years and spend huge amounts of money in courtroom battles, this is a harsh reality and this is why the reason today people opt for Conciliation method. Due to lot of time consumption and money involved in the trial process, people, various communities have increasingly turned to legal alternatives that are more prompt, private and economical than the going seeking help from Courts. Alternative Dispute Resolution (ADR) refers to the wide sphere of legal avenues that use means other than trial to settle disputes. Conciliation is a process that involves building a positive relationship between the parties of dispute; however, it is fundamentally different than mediation and arbitration in several respects. The “conciliator” is an impartial person that assists the parties by driving their negotiations and directing them towards a satisfactory agreement. It is unlike arbitration in that conciliation is a much less adversarial proceeding; it seeks to identify a right that has been violated and searches to find the optimal solution.
In conciliation, the conciliator is a person who is responsible for the figuring out the best solution for the parties. Conciliation is used almost preventively, as soon as a dispute or misunderstanding surfaces: a conciliator pushes to stop a substantial conflict from developing. And often it is very necessary that the conciliation body including the conciliator must have the trust and faith of the parties, without this trust, the efforts and involvent will go in vein. Further the parties are not bound to totally implement the decision of the conciliating body, but they can also reject it. In his view, the purpose of dispute resolution within international organizations is not to determine who is wrong or who is right, but mainly to settle a dispute that could keep the organization from running smoothly.
Further the Conciliation proceedings can only be imitated when one of the parties makes a written request to the other party to conciliate telling about the dispute, and further the conciliation can only be started if the other party freely accepts the invitation to go for conciliation. To make a note of if the other party does not reply within 30 days then it is said that the offer of conciliation is rejected and not accepted. The Conciliator is not bound by the act of Code of Civil Procedure, Indian Evidence Act. Generally matters relating to criminal matters cannot be referred to conciliation. Today people opt for conciliation because it is time and cost efficient. Conciliation also ensures confidentiality. It is seen that conciliator uses his own stratagey, technics as per the circumstances to provide the solution. A conciliator does not follow the same procedure in every case. The process of conciliation is quite flexible and is simple. Conciliation is a voluntary process and the conciliator has no authority to impose on the parties a solution to the dispute. Like any other ADR process the sanctity of conciliation is the mutual determination of the parties to amicably resolve their disputes through an ADR mechanism. In conciliation proceedings ordinarily there is one conciliator unless the parties agree that there shall be two or three conciliators. The role of the conciliator is to assist the parties to arrive at an amicable settlement. The conciliator may, at any stage of the conciliation proceedings, himself make proposals for a settlement of the dispute. The end result in conciliation is a negotiated settlement which is treated to be an arbitral award on agreed terms, thereby obviating the possibility of successive appeals and finally resolving the dispute in an expeditious and cost effective manner.
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