Module 3.
2: Conciliation - Brief Explanation
Conciliation is a form of alternative dispute resolution (ADR) that
involves the intervention of a neutral third party, the conciliator, to
facilitate communication and negotiation between parties in a
dispute. The primary goal of conciliation is to help the parties reach
a mutually acceptable resolution without resorting to litigation.
Here's a concise overview of conciliation for your LLB 2nd year
practical training exam:
Definition: Conciliation is a voluntary and confidential process
where a neutral third party, the conciliator, assists parties in
resolving their dispute by facilitating communication, suggesting
solutions, and guiding them towards a mutually agreed settlement.
Key Features:
. Voluntary: Participation in conciliation is voluntary, meaning
parties can choose to engage or withdraw from the process at any
time.
. Neutral Third Party: The conciliator is unbiased and does not
impose decisions on the parties. Their role is to assist in finding
common ground.
. Confidentiality: The proceedings and discussions within
conciliation are confidential, fostering an environment where parties
can openly express their concerns.
. Flexible Process: Conciliation adapts to the parties' needs and the
nature of the dispute. It can be less formal than litigation.
. Informal: Parties can present their own cases and arguments
directly to the conciliator. There are no strict rules of evidence or
procedure.
. Mutually Agreed Resolution: The aim is for parties to reach an
agreement that satisfies their interests and needs, facilitated by the
conciliator.
Process:
. Initiation: Either party or a third party may propose conciliation. If
both parties agree, the process begins.
. Appointment of Conciliator: The parties select a conciliator or
agree on a procedure for appointing one.
. Opening Statements: Parties present their perspectives and
issues to the conciliator.
. Negotiation and Facilitation: The conciliator helps parties
communicate, identifies common interests, and explores potential
solutions.
. Joint Sessions and Private Caucuses: The conciliator may
conduct joint sessions where parties meet, and private caucuses
where they discuss issues privately with the conciliator.
. Agreement: If the parties agree, a settlement agreement is drafted
and signed.
. Non-Binding: The conciliator's suggestions are non-binding. Parties
have the final say on the settlement.
. End of Process: The process ends with a settlement or if parties
decide to discontinue.
Advantages:
Speed and Cost: Conciliation is generally faster and more cost-
effective than litigation.
Preservation of Relationships: Parties often maintain better
relationships as they actively participate in resolving the dispute.
Flexible and Informal: The process is less formal and rigid than
court proceedings.
Confidentiality: The confidential nature of conciliation allows
parties to discuss issues openly.
Limitations:
Non-Binding: The conciliator's suggestions are not legally binding,
and parties can reject the proposed settlement.
Enforcement: If a party breaches the settlement agreement,
enforcement might require legal action.
Uncooperative Parties: If parties are unwilling to cooperate,
reaching a resolution can be challenging.
Conclusion: Conciliation is an effective ADR method for resolving
disputes outside the courtroom. It emphasizes communication,
understanding, and mutually acceptable solutions. By offering a
confidential and flexible process, conciliation empowers parties to
actively participate in resolving their differences and potentially
preserving their relationships.
