Role of Conciliator | Law Optional Notes for UPSC PDF Download

Meaning of Conciliation

Conciliation is a form of alternative dispute resolution (ADR) where a neutral third party, the conciliator, aids disputing parties in reaching a mutually agreeable resolution.

Role of a Conciliator under Section 67 of the Arbitration and Conciliation Act

• Section 67 of the Arbitration and Conciliation Act delineates the responsibilities and guiding principles for conciliators during the conciliation process.

In the realm of alternative dispute resolution, conciliation serves as a pivotal tool in facilitating parties to settle their disputes amicably, thereby sidestepping protracted and expensive litigation.

Conciliation, as defined in the context of the Arbitration and Conciliation Act, involves the intervention of a conciliator who aids disputing parties in arriving at a mutually satisfactory agreement.

Who is a Conciliator?

• A conciliator is a neutral third party appointed to assist parties in resolving their disputes through the process of conciliation.
• Conciliation is a voluntary and confidential method of alternative dispute resolution (ADR).
• The conciliator acts as a facilitator, helping parties communicate, negotiate, and reach a mutually acceptable settlement.
• Unlike a mediator, a conciliator may suggest settlement options to resolve the dispute.

Qualifications and Appointment of Conciliators

• Conciliators can be professionals with backgrounds in law, mediation, or relevant fields.
• They may be appointed directly by parties, through a neutral organization, or by a court/arbitration institution.
• In some cases, conciliators are chosen from a panel of qualified individuals.

Role and Objectives of a Conciliator

• The primary objective of a conciliator is to guide parties towards a mutually acceptable settlement.
• They help parties identify interests, resolve misunderstandings, and explore solutions.
• Conciliators do not impose decisions but assist parties in reaching their agreement.

Confidentiality in Conciliation

• Confidentiality is crucial in conciliation.
• Discussions and information shared during the process are protected by confidentiality provisions.
• Parties can speak openly without fear of their statements being used against them in legal proceedings.

Legal Provisions Dealing with the Role of the Conciliator

• Arbitration and Conciliation Act 1996: The Arbitration and Conciliation Act 1996 is the primary legislation in India that governs arbitration and conciliation proceedings.
• Section 67 Overview: Section 67 of the Indian Arbitration and Conciliation Act specifically addresses the responsibilities, principles, and powers of a conciliator during the conciliation process.
• Assisting Parties: One key aspect of a conciliator's role is to assist the involved parties in reaching an amicable settlement.
• Principles of Objectivity: Conciliators are expected to uphold principles of objectivity, fairness, and justice throughout the conciliation process.
• Conducting Proceedings: It is crucial for conciliators to conduct the proceedings appropriately to ensure a fair and impartial resolution.
• Making Settlement Proposals: Conciliators may propose settlements to help facilitate the negotiation process and reach a mutually agreeable outcome.

Role of the Conciliator

• Assisting Parties in Reaching an Amicable Settlement
  • Conciliators help parties find mutually acceptable resolutions.
  • They facilitate communication, encourage dialogue, and explore solutions.
  • Acting as neutral third parties, conciliators promote a cooperative environment for parties to express concerns freely.
• Guided by Principles of Objectivity, Fairness, and Justice
  • Conciliators must ensure objectivity, fairness, and justice throughout the process.
  • They treat both parties equally without showing favoritism.
  • Considering factors like rights, obligations, and trade usage, conciliators ensure settlements align with equity and fairness.
• Conducting Conciliation Proceedings Appropriately
  • Conciliators have flexibility in conducting proceedings tailored to specific case needs.
  • They consider dispute circumstances, parties' wishes, and the need for speedy resolutions.
  • If parties request oral statements, conciliators should accommodate such requests.
• Making Proposals for Settlement
  • Conciliators can propose settlements at any stage without providing written reasons.
  • These proposals guide parties towards solutions that address their interests and resolve disputes.

Conclusion

• The significance of a conciliator's role, as stipulated in Section 67 of the Arbitration and Conciliation Act, lies in facilitating the resolution of disputes through amicable channels. Serving as an impartial intermediary, the conciliator aids parties in achieving a mutually acceptable settlement, guided by principles of objectivity, fairness, and justice.
• The inherent flexibility afforded to conciliators enables them to tailor their approach to the unique circumstances of each case. Simultaneously, their capacity to propose settlements assists in directing the parties toward a resolution. In this manner, conciliation actively contributes to the overall effectiveness of alternative dispute resolution processes, offering parties a practical alternative to engaging in litigation.