There are five techniques of Alternative Dispute Resolution which assist the Court to dispose of the cases. Conciliation is one of the techniques of Alternative Dispute Resolution which is non binding on the parties. In Conciliation, the neutral or impartial third party (conciliator) tries to assist the parties and make a mutually agreed settlement. Here, one needs to remember that the dispute must arise out of a legal relationship. For instance – the party has the right to sue and the liability to be sued.
Procedure of Conciliation
The first step is commencement of Conciliation proceedings, then submission of statement of conciliator, conduct of conciliator proceedings and lastly, administrative assistance.
Principles of Conciliation
Independence and Impartiality
Independence And Impartiality is mentioned under Section 67(1) of Arbitration and Conciliation Act, 1996. It means the conciliator will remain neutral and make a mutually agreed settlement.
Fairness and Justice
Section 67(2) of the Arbitration and Conciliation Act, 1996 states that the Conciliation should be fair and justice should be served to the parties. The very essence of our system is to provide Justice.
Cooperation of parties
The Alternative Dispute Resolution assists the court to dispose of matters but it can only assist if the parties cooperate. There are five techniques of Alternative Dispute Resolution and only one technique i.e. Arbitration is binding on the parties. Though the Court or anyone can’t force parties to go for Alternative Dispute Resolution. It’s the willingness of the parties.
Confidentiality
The parties often tell the problems and the reason for the dispute which they don’t want to publicly display. It is the responsibility of the conciliator to keep the matter confidential. Section 70 of the Arbitration and Conciliation Act, 1996 also talks about Confidentiality.
Disclosure of Information
The parties need to disclose all the information before the conciliator, then only he can make a mutually agreed settlement. The disclosure of information is mentioned under Section 70 of Arbitration and Conciliation Act, 1996
