CONCEPT OF CONCILIATION AND ROLE OF CONCILIATOR
Conciliation is defined as an alternative dispute resolution mechanism that is designed to resolve a dispute among the parties through a non-adjudicatory and non- Antagonistic way. It involves the neutral third party who makes the disputant parties arrive at a conclusion and a satisfactory dispute settlement. ADR plays a crucial role in overcoming the drawback of the conventional mechanism of dispute resolution that is court proceedings. It also helps in dealing with the condition of the pendency of cases in the Indian Judiciary. The various modes of dispute resolution under the ADR mechanism are Mediation, Conciliation, Arbitration, Negotiation, and Lok Adalat. ADR has many advantages over the courtroom proceeding such as it is less time consuming, cost-effective, free from the technicalities of courts, no fear of court of law, efficient and effective, helps in maintaining good relationships between the parties. The main motive of ADR is to promote socio-economic and political justice which have been enshrined in the preamble of the Constitution of India.
Conciliation is a voluntary mechanism and the conciliator who makes the parties resolve the dispute cannot force the parties to come to an end of the dispute with a solution. The parties are not bound to follow the solution and advice given by the conciliator. The decision of the conciliator cannot be pressurized upon the parties to the dispute. Conciliation is a less formal and comparatively easy process from old conventional methods and other alternative dispute resolution processes. The conciliator provides the parties with an appropriate solution in order to resolve the dispute efficiently and effectively. This process is less time consuming and cost-effective as no legal procedures are to be followed and no formal technicalities are involved in this dispute resolution process. The solutions provided by the third neutral party to the dispute is always kept in mind that it is best suitable for the interest and priorities of the disputant parties. Usually, all the matters of civil nature are appropriate for conciliation and it is an affordable mechanism under alternative dispute resolution mechanisms other than the conventional process of litigation in courtrooms.
The process of conciliation begins with the acceptance to choose to resolve the dispute through the process of conciliation. One party who initiates to resolve the dispute by the process of conciliation has to send a written agreement to the other party stating the subject matter of the dispute. The commencement of the process of conciliation begins when the other party to whom the one party has notified to conciliate the disputing matter. Ordinarily, there is one conciliator in the process until and unless parties agree for two or three. The conciliator has an option to seek a written draft from the disputant parties which describes the point of dispute and its nature. There is an instant need to recognize the utility of the ADR mechanism and observe its benefits in order to resolve the disputes between the parties.