Conciliation

Conciliation is an alternative dispute resolution (ADR) process where an

independent third party, the conciliator, helps people in a dispute to identify
the disputed issues, develop options, consider alternatives and tny to reach an
agreement.
A conciliator may have professional expertise in the subject matter in dispute and
will generally provide advice about the issues and options for resolution. However, a
conciliator will not make a judgment or decision about the dispute.
Conciliation may be voluntary, cotirt ordered or required as part of a contract. It is often
part of a court or government agency process.

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The role of conciliators is similar to lhat of mediators except that the conciliator may
a lso:

. have specialist knowledge and give you some legal information

. suggest or give you and the other participants expert advice on the possible options
for sorting out the issues in your dispute
. actively encourage you and the other participants to reach an agreement.

The conciliator will not:

. take sides or make decisions

. tell you what decision to make, although they may make suggestions
. decide who is right or wrong
t provide counselling.

Conciliation is usually held face to face, so that you can talk to each other directly,
However, you may also have separate sessions with the conciliator.
Sometimes the conciliator can act as a'messenger'by talking to you and the other
participants separately and communicating ideas or proposals between you^ it is also
possible to hold conciliation sessions by telephone in some circumstances.

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Conciliation is likely to be suitable if you:

r wEnt to reach an agreement on some technical and legal issues

r wont assistance with the process
. want to make the decision with the other participants involved
o wEnt advice on the facts in your dispute.

Conciliation may also be suitable if you have tried mediation and still cannot reach
agreement with the other participants.
 The participants'lawyers can usually be present during conciliation. In some cases/
experts may also be present. Sorne conciliation processes do not require lawyers to
participate. If you wish to have your lawyer participate in a conciliation process or have
experts attend, you should discuss this with the conciliator before the process begins.

Arbitration
Arbitration is an ADR process where the parties present arguments and evidence
to an independent third party, the arbitrator, who makes a determination.
Arbitration is particularly useful where the subject matter is highly technical, or where
the parties seek greater confidentiality than in an open court.

Arbitration may be voluntary, ordered by the court or required as part of a contract.

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Arbitration can be a much more formal and structured process than mediation or
conciliation, in some ways it is more similar to court, because at the end of the session
the arbitrator makes a binding decision. '
Some of the main differences between arbitration and other forms of ADR, such as
mediation and conciliation, include:

. the people in dispute need to agree before the process that the arbitrator's decision
will be binding and enforceable
. there is a much greater need to produce evidence or facts
. there may be one arbitrator or a group of arbitrators to hear your dispute
. the arbitrator may be a specialist in the subject matter of the dispute or have legal
q ua lificatio ns
r 6t the end of the process the arbitrator will make a decision for the parties.

if an arbitrator makes a decision you are not happy with, you may be able to appeal to a
court or other higher authority. However, this may be difficult and require you to point to
particular problems with the decision, such as it being biased or unfair. if you have
questions about the binding nature of arbitration, you should get legal advice,

Arbitration can be particularly useful where mediation or conciliation have not led to an
agreement or if you want a process where a decision rs made for you, but is
confidential and generally cheaper and quicker than going to court,
Definition of Arbitration

Arbitration is a powerful means of resolving disputes between the organisation

and its employees. It is a process in which an independent third party analyses
the bargalning situation, listens to both parties and collects necessary data and
make recommendations which are binding on the parties concerned.

Arbitration is proved successful in resolving disputes between labour and

management. The parties themselves establish arbitration and decision is
accepiable to them. The decision taken by the arbitrator is accompanied by a
written opinion providing reasons supporting the decision.

Further, the procedure is comparativeiy expeditious than courts and tribunals.

However, the process is a bit expensive, and if there is a mistake in selecting
an arbitrator, the judgement becomes arbitrary

Definition of Conciliation i
The process wherein the representative of both employer and employees are
brought together in front of a third party so as to persuade them to arrive at a
decislon by agreement between them. Any party can request the other, for
appointing the conciliation officer. The conciliation officer or conciliator can
beln individual or a group of people. There will be no conciliation if anyone of
the two parties rejects the offer to conciliate.

The primary duty of the conciliator is to mediate in and advocate settlement of

industrial disputes. Further, he/she is also responsible for holding conciliatory
proceedings, investigating disputes, sending the report of settlement to AG
(Appropriate Government).
Difference between Arbitration and Conciliation
I'he primary difference between arbitration and conciliation is that arbitration
is the process by which parties select an independent person, who renders a
decision regarding the case. Conversely, conciliation attempts to make parties
come to an agreement, about the problem at hand.

Industrial Disputes are always harmful to ali stakeholders employees,

society, management, government, etc. resulting in loss of revenue,
production, profit and much more. However, it is the employees who are worst
affected by the industrial disputes, as the consequences would be a lockout
which may lead to loss of wages and even jobs. Industries are the backbone of
the economy, and if the strife may continue for long, the whole economy may
collapse. So, the settlement of industrial disputes shouid be done as soon as
possible.

Arbitration and Conciliation are twg such methods of resolving industriai

disputes out of the court. So, take a look at the article to understand the
differences between arbitration and conciliation.

Comparison Chart

BASIS FOR
ARBITRATION CONCILIATION
COMPARISON

Meaning Arbitration is a dispute settlement Conciliation is a method of

proccss in which a impartial third parly resolving dispute, wherein an
is appointcd to study 1hc disputc and independent person helps the
hcar hoth thc parry to arrivc at a parties to arrive at negotiated
dccision binding or-r botl.r thc partics. settlement.

Enforcement An arbitrator has the power to enforce A conciliator do not have the
his decision. power to enforce his decision.

Prior Agreement Required Not Required

Available for Existing and future disputes. Existing disputes.

Legal proceeding Yes No