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  • Difference Between Arbitration and Conciliation

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    Ashutosh Bagchi
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    Arbitration and conciliation are alternative dispute resolution methods, but they differ in several key ways: 1. Arbitration involves a third party arbitrator who makes a binding decision based on evidence presented by both parties. Conciliation involves a third party conciliator who acts as a facilitator to encourage the parties to reach their own settlement agreement. 2. Arbitration requires a prior agreement between the parties to use arbitration, while conciliation can be used for existing disputes without prior agreement. 3. The arbitrator's decision is called an "award" while the conciliator may help draft a non-binding "settlement agreement" if the parties come to an agreement.

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    DIFFERENCE BETWEEN ARBITRATION AND CONCILIATION

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    Arbitration and conciliation are alternative dispute resolution methods, but they differ in several key ways: 1. Arbitration involves a third party arbitrator who makes a binding decision based on evidence presented by both parties. Conciliation involves a third party conciliator who acts as a facilitator to encourage the parties to reach their own settlement agreement. 2. Arbitration requires a prior agreement between the parties to use arbitration, while conciliation can be used for existing disputes without prior agreement. 3. The arbitrator's decision is called an "award" while the conciliator may help draft a non-binding "settlement agreement" if the parties come to an agreement.

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    © All Rights Reserved
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    38 views2 pages

    Difference Between Arbitration and Conciliation

    Uploaded by

    Ashutosh Bagchi
    Arbitration and conciliation are alternative dispute resolution methods, but they differ in several key ways: 1. Arbitration involves a third party arbitrator who makes a binding decision based on evidence presented by both parties. Conciliation involves a third party conciliator who acts as a facilitator to encourage the parties to reach their own settlement agreement. 2. Arbitration requires a prior agreement between the parties to use arbitration, while conciliation can be used for existing disputes without prior agreement. 3. The arbitrator's decision is called an "award" while the conciliator may help draft a non-binding "settlement agreement" if the parties come to an agreement.

    Copyright:

    © All Rights Reserved
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    of 2

    DIFFERENCE BETWEEN ARBITRATION AND CONCILIATION

    Sr. No. BASIS FOR ARBITRATION CONCILIATION


    COMPARISON
    1. Meaning Arbitration is a dispute Conciliation is an
    settlement process in alternative dispute
    which an impartial 3rd resolution method in which
    party is appointed to study an expert is appointed to
    the dispute and hear both settle the dispute by
    the party to arrive at a persuading/ encouraging
    decision binding on both parties to reach agreement.
    parties.

    2. Prior Required Not Required


    Agreement
    3. Available for Existing and Future Existing Disputes
    Disputes

    4. process Formal like Court room More like Informal process


    process

    5. Evidences Acceptable Technical evidences are not


    acceptable

    6. Third Party Acts as Judge Acts as facilitator, evaluator


    and intervener

    7. Opinion giving Actively give opinion on Conciliator has the power to


    power of 3rd the basis of evidences give his opinion mainly on
    submitted only facts
    party
    8. Powers of third More powerful Less powerful as compared
    party to arbitrator

    9. Result is Award Settlement agreement


    known as
    10. Role of 3rd Arbitrators find solution Conciliator can draft
    party in on the basis of evidences settlement agreement as per
    only. the wishes of parties.
    providing
    decision
    11. Fees Very Expensive Less Expensive as compared
    to Arbitration

    12. No. of third Odd in number like 1,3,5, May be 1, 2 or 3


    party 7, 9

    13. Enforcement An arbitrator has the A conciliator do not have


    power to enforce his the power to enforce his
    decision. decision.

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