EXPLAIN THE ROLE AND CODE OF CONDUCT OF A

CONCILIATOR?

INTRODUCTION
Conciliators are persons who act as an intermediate during the conciliation proceeding between the
disputants in their effort to resolve the dispute by compromise. It the proceeding is out of court.

It is the inherent right of the disputant or parties to determine the identity and number of
conciliator whom they believe that he or she can protect their interest by bringing them together
and negotiating a settlement between them.

ROLE AND CONDUCT OF CONCILIATOR

SECTION 67 OF ARBITRATION AND CONCILIATION ACT 1996

 The conciliator shall assist the parties in an independent and impartial manner in
their attempt to reach an amicable settlement of their dispute.

 The conciliator shall be guided by principles of objectivity, fairness and justice, giving
consideration to, among other things, the rights and obligations of the parties, the
usages of the trade concerned and the circumstances surrounding the dispute,
including any previous business practices between the parties.

 The conciliator may conduct the conciliation proceedings in such a manner as he

considers appropriate, taking into account the circumstances of the case, the wishes
the parties may express, including any request by a party that the conciliator hear
oral statements, and the need for a speedy settlement of the dispute.

 The conciliator may, at any stage of the conciliation proceedings, make proposals for
a settlement of the dispute. Such proposals need not be in writing and need not be
accompanied by a statement of the masons therefore.

 The conciliator has a duty to keep all matters relating to the proceedings
confidential.

 The conciliator has a duty to disclose all information received from one party to the
other party so as to give the other party an opportunity to present their side of the
case.
 Case laws

1. Haresh dayaram Thakur V state of Maharashtra and ors.

The court held that a conciliator is a person who assists the parties to settle disputes
amicably. For this purpose that conciliator has the power to decide the procedure to be
followed in the conciliation proceedings.
The conciliator if satisfied that there exist an element of settlement between the
parties, then he can propose the terms of such settlement to the parties.

2. In Mysore cements Ltd. v Svedala Barmac Ltd

It was said that section 73 of the Act speaks of settlement Agreement. If the
Conciliator propose a settlement and the parties agree to it, then a settlement
agreement is drawn and signed by the parties. Once signed, the settlement becomes
binding on the parties

Conclusion

The process of conciliation as an alternative dispute resolution system has gained

acceptance by many people as it is beneficial for them in the aspects that it saves them
a lot of time and money. For the conciliator to exercise his duties properly, the parties
should come face to face and try to settle the dispute.

Bibliography
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