CONCILIATION- AN EXTRA-JUDICIAL MEASURE FOR THE DISPUTE RESOLUTION MECHANISM
Suits in India can be unending, in this manner foreign corporations and companies are trying to do business in India avoids potential risk at the start. In any majority rule society for securing and improving the privileges of the individuals, it is the legal executive that assumes a significant job other than authoritative and official body and India isn't an exemption. Want for brisk and moderate equity is widespread. Equity ought to be rapid, basic, modest, full of feeling, and generous. Conciliation is an alternative dispute resolution instrument which has been given legal acknowledgment by fusing arrangements in Sections 61 to 81 of Part III of the Arbitration and Conciliation Act, 1996.
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.
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.
Conciliation 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 conciliation is to promote socio-economic and political justice which have been enshrined in the preamble of the Constitution of India.
The judiciary plays a vital role in a democratic nation for protection and promotion of the rights of the people enshrined in the law of the land of the nation that is the Constitution of India. Conciliation is an extra-judicial method in which the dispute is resolved in a friendly and convenient manner as compared to other dispute resolution mechanisms.