Role of Conciliator

In alternative dispute resolution, conciliation plays a crucial role in assisting parties to resolve their disputes amicably and avoid lengthy and costly litigation.

Under Section 67 of the Arbitration and Conciliation Act, the role of a conciliator is outlined, providing guidance on their responsibilities and the principles they should adhere to during the conciliation process. 

Meaning of Conciliation

Conciliation is a method of alternative dispute resolution (ADR) where a neutral third party, known as a conciliator, assists disputing parties in reaching a mutually acceptable resolution.

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), where the conciliator facilitates communication, encourages negotiation, and helps the parties reach a mutually acceptable settlement.

The conciliator acts as a facilitator, assisting the parties in exploring their interests, understanding each other’s perspectives, and finding common ground. Unlike a mediator, who typically focuses on guiding the parties towards a mutually agreeable solution, a conciliator may actively propose settlement options or suggestions for resolving the dispute.

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

The primary objective of a conciliator is to guide the parties towards a mutually acceptable settlement. They help the parties identify their interests, clarify misunderstandings, and explore potential solutions. The conciliator does not impose decisions but rather assists the parties in reaching their own agreement.

Confidentiality is an essential aspect of conciliation. The discussions and information shared during the conciliation process are usually protected by confidentiality provisions, allowing parties to speak openly without fear of their statements being used against them in any subsequent legal proceedings.

Legal Provisions Dealing with the Role of the Conciliator

The Arbitration and Conciliation Act 1996 is India’s primary legislation governing arbitration and conciliation proceedings. Section 67 of the Indian Arbitration and Conciliation Act deals explicitly with the role of a conciliator. It outlines the conciliator’s responsibilities, principles, and powers during the conciliation process.

Section 67 of the Indian Arbitration and Conciliation Act guides various aspects of a conciliator’s role, such as assisting the parties in reaching an amicable settlement, adhering to principles of objectivity, fairness, and justice, conducting the proceedings appropriately, and making settlement proposals.

What is the Role of the Conciliator?

Assisting Parties in Reaching an Amicable Settlement

The primary role of a conciliator, as stated in Section 67, is to assist the parties in reaching a mutually acceptable resolution to their dispute.

This involves facilitating communication, encouraging dialogue, and exploring possible solutions. The conciliator acts as a neutral and impartial third party, promoting a cooperative environment where parties can freely express their concerns and interests.

Guided by Principles of Objectivity, Fairness, and Justice

A conciliator must uphold objectivity, fairness, and justice principles throughout the conciliation proceedings. This means treating both parties equally without favouring one over the other.

The conciliator must consider various factors, including the rights and obligations of the parties, trade usage, and the circumstances surrounding the dispute. By doing so, they ensure that the proposed settlement aligns with the principles of equity and fairness.

Conducting the Conciliation Proceedings Appropriately

Section 67 grants conciliators the flexibility to conduct the conciliation proceedings in a manner they deem appropriate. This enables them to tailor their approach to the case’s specific needs.

They may take into account the circumstances of the dispute, the expressed wishes of the parties, and the need for a speedy resolution. Furthermore, if a party requests the conciliator to hear oral statements, the conciliator should consider such requests.

Making Proposals for Settlement

At any stage of the conciliation process, a conciliator is empowered to make settlement proposals to the parties. These proposals, which need not be in writing and are not required to be accompanied by a statement of reasons, can serve as potential solutions for the parties to consider. The aim is to guide the parties towards a settlement that effectively accommodates their interests and resolves their dispute.

Conclusion

The role of a conciliator, as outlined in Section 67 of the Arbitration and Conciliation Act, is crucial in promoting the resolution of disputes through amicable means. By acting as an impartial facilitator, a conciliator assists parties in reaching a mutually satisfactory settlement guided by objectivity, fairness, and justice principles. 

The flexibility granted to conciliators allows them to adapt their approach to the specific circumstances of each case. At the same time, their ability to make settlement proposals helps guide the parties towards a resolution. In this way, conciliation contributes to the overall effectiveness of alternative dispute resolution processes, providing parties with a viable alternative to litigation.