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    Explain The Role and Code of Conduct of A Conciliator

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    Jaya Priya
    A conciliator assists parties in resolving disputes through an impartial and independent conciliation process. They are guided by principles of objectivity, fairness and justice. A conciliator may propose settlement terms and conduct proceedings flexibly based on the circumstances. They have duties to maintain confidentiality of matters and disclose information between parties. If parties agree to a settlement proposed by the conciliator, a binding agreement is signed, making the conciliation process an efficient alternative to litigation.

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    Explain The Role and Code of Conduct of A Conciliator

    Uploaded by

    Jaya Priya
    193 views3 pages
    A conciliator assists parties in resolving disputes through an impartial and independent conciliation process. They are guided by principles of objectivity, fairness and justice. A conciliator may propose settlement terms and conduct proceedings flexibly based on the circumstances. They have duties to maintain confidentiality of matters and disclose information between parties. If parties agree to a settlement proposed by the conciliator, a binding agreement is signed, making the conciliation process an efficient alternative to litigation.

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    Information regarding the role of Conciliator.

    Original Title

    EXPLAIN THE ROLE AND CODE OF CONDUCT OF A CONCILIATOR

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    A conciliator assists parties in resolving disputes through an impartial and independent conciliation process. They are guided by principles of objectivity, fairness and justice. A conciliator may propose settlement terms and conduct proceedings flexibly based on the circumstances. They have duties to maintain confidentiality of matters and disclose information between parties. If parties agree to a settlement proposed by the conciliator, a binding agreement is signed, making the conciliation process an efficient alternative to litigation.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    193 views3 pages

    Explain The Role and Code of Conduct of A Conciliator

    Uploaded by

    Jaya Priya
    A conciliator assists parties in resolving disputes through an impartial and independent conciliation process. They are guided by principles of objectivity, fairness and justice. A conciliator may propose settlement terms and conduct proceedings flexibly based on the circumstances. They have duties to maintain confidentiality of matters and disclose information between parties. If parties agree to a settlement proposed by the conciliator, a binding agreement is signed, making the conciliation process an efficient alternative to litigation.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    EXPLAIN THE ROLE AND CODE OF CONDUCT OF A

    CONCILIATOR?

    INTRODUCTION
    Conciliators are persons who act as an intermediate during the conciliation proceeding between the
    disputants in their effort to resolve the dispute by compromise. It the proceeding is out of court.

    It is the inherent right of the disputant or parties to determine the identity and number of
    conciliator whom they believe that he or she can protect their interest by bringing them together
    and negotiating a settlement between them.

    ROLE AND CONDUCT OF CONCILIATOR

    SECTION 67 OF ARBITRATION AND CONCILIATION ACT 1996


     The conciliator shall assist the parties in an independent and impartial manner in
    their attempt to reach an amicable settlement of their dispute.

     The conciliator shall be guided by principles of objectivity, fairness and justice, giving
    consideration to, among other things, the rights and obligations of the parties, the
    usages of the trade concerned and the circumstances surrounding the dispute,
    including any previous business practices between the parties.

     The conciliator may conduct the conciliation proceedings in such a manner as he


    considers appropriate, taking into account the circumstances of the case, the wishes
    the parties may express, including any request by a party that the conciliator hear
    oral statements, and the need for a speedy settlement of the dispute.

     The conciliator may, at any stage of the conciliation proceedings, make proposals for
    a settlement of the dispute. Such proposals need not be in writing and need not be
    accompanied by a statement of the masons therefore.

     The conciliator has a duty to keep all matters relating to the proceedings
    confidential.

     The conciliator has a duty to disclose all information received from one party to the
    other party so as to give the other party an opportunity to present their side of the
    case.
    Case laws

    1. Haresh dayaram Thakur V state of Maharashtra and ors.

    The court held that a conciliator is a person who assists the parties to settle disputes
    amicably. For this purpose that conciliator has the power to decide the procedure to be
    followed in the conciliation proceedings.
    The conciliator if satisfied that there exist an element of settlement between the
    parties, then he can propose the terms of such settlement to the parties.

    2. In Mysore cements Ltd. v Svedala Barmac Ltd

    It was said that section 73 of the Act speaks of settlement Agreement. If the
    Conciliator propose a settlement and the parties agree to it, then a settlement
    agreement is drawn and signed by the parties. Once signed, the settlement becomes
    binding on the parties

    Conclusion

    The process of conciliation as an alternative dispute resolution system has gained


    acceptance by many people as it is beneficial for them in the aspects that it saves them
    a lot of time and money. For the conciliator to exercise his duties properly, the parties
    should come face to face and try to settle the dispute.

    Bibliography
    Lawnn.com
    Wordpress.com

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