Principles and Procedure of Conciliation Introduction v Conciliation

Introduction v. Conciliation is non binding procedures in which an impartial third party helps

v. In the procedure of the conciliation , the conciliator who is often a

v. Section 61 points out that the process of conciliation extends, in the first

Section 63 Number And Qualification Of Conciliators v. There should one conciliator. v. But

Section 64 Appointment of conciliators v After invitation to the conciliation is accepted by

Principles of Procedure Confidentiality Disclosure of the information Fairness and justice Independence & impartiality

Procedure Of Conciliation Commencement of the conciliation proceedings Submission of Statement to Conciliator Conduct

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Principles and Procedure of Conciliation

Introduction v. Conciliation is non binding procedures in which an impartial third party helps the parties to a dispute in reaching a mutually agreed settlement of the dispute. v. He/ she is being called conciliator. v According to the Halsbury Laws of England; “ Conciliation is a process of persuading parties to reach an agreement. ”

v. In the procedure of the conciliation , the conciliator who is often a government official gives its report in the form of recommendations which is made public. v. In conciliation by discussion between the parties are kept going through the participation of a conciliator. v. Section 61 of the Arbitration and Conciliation Act of 1996 provides for the Application and Scope of Conciliation.

v. Section 61 points out that the process of conciliation extends, in the first place, to disputes, whether contractual or not. v But the disputes must arise out of the legal relationship. It means that the dispute must be such as to give one party the right to sue and to the other party the liability to be sued. v The process of conciliation extends, in the second place, to all proceedings relating to it.

Section 63 Number And Qualification Of Conciliators v. There should one conciliator. v. But the parties may by their agreement provide for two or three conciliators. v. Where the number of conciliator is more than one , they should as general rule act jointly.

Section 64 Appointment of conciliators v After invitation to the conciliation is accepted by the other party, the parties have to agree on the composition of the conciliation tribunal. v In the absence of any agreement to the contrary , there shall be only one conciliator. v If sole conciliator can not be appointed then each party appoint one conciliator & third must be appointed by unanimously by both the parties. v While making appointment they can also take help of institution.

Principles of Procedure Confidentiality Disclosure of the information Fairness and justice Independence & impartiality PRINCIPLES & PROCEDURE Cooperation of the parties with Conciliator

Procedure Of Conciliation Commencement of the conciliation proceedings Submission of Statement to Conciliator Conduct of Conciliation Proceedings Administrative assistance