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Procedure for Conciliation
Part 3 of the Arbitration and Conciliation act, 1996 speaks about Conciliation. According to Wharton’s Law Lexicon, conciliation is a non-adjudicatory alternative dispute resolution process which is governed by the conditions of the Arbitration and Conciliation act, 1996 (26 of 1996).
Step 1: Commencement of conciliation proceedings.
Section 62 of the act talks about the commencement of the proceedings. In order for the conciliation proceedings either one of the parties should send a written invitation to the other party. Only if the other party accepts the invitation they shall go ahead with the conciliation proceedings. If the party does not get a reply even after 30 days of sending the invitation, it shall be considered that the invitation is not accepted.
Step 2: Appointment of conciliators
After the parties have agreed for the conciliation proceedings, the next step is to appoint an arbitrator. Section 64 talks about the appointment of arbitrators. If the parties agree they can appoint a sole conciliator. If the parties agree upon appointing two conciliators, each party shall appoint one conciliator each. In case the parties agree upon three conciliator, each party shall appoint one conciliator each and the parties together may agree upon a third conciliator, who shall be the presiding conciliator.
Step 3: Submission of written statement to the conciliator
The conciliator may request each of the parties to provide with a written statement about the facts relating to the case in hand. It is necessary for both the parties to submit a written statement to the conciliator. Along with the conciliator, the parties are also requested to send the written statement to each other.
Step 4: Conduct of the conciliation proceedings
Sections 67(3) and 69(1) talks about the conduct of conciliation proceedings. The conciliator may decide to talk to the parties through written or oral communication. He may also decide to meet the parties together or separately. He may conduct the proceedings which seem to be suitable to the case in hand.
Step 5: Administration assistance
Section 68 of the act talks about the administrative assistance. The parties or the conciliator may seek administrative assistance from an institution or a person if required. In order for seeking for administrative assistance, the consent of the parties are required.
- Introduction
- What is Conciliation?
- Conciliation proceedings
