This article  has been written  by Ms.Pamishetti  Supriya, a student studying BBA LLB(Hons.) from ICFAI  Law School ,The  ICFAI University , Hyderabad. The author  is a 5th year Law student .

INTRODUCTION 

The procedures and techniques discussed above are the most commonly used methods of ADR. However, there are countless various ADR methods, many of which modify or combine the above methods. With each type of ADR, the objective is to resolve the dispute by method of round table discussion . ADR is the most effective process which lessens the burden of courts. ADR promotes harmonious relationship among parties. The settlement of disputes through ADRs is so effective and globally accepted that courts have recognized some of them like mediation more often. This avoids procedure of litigation and the award for fair and impartial settlement of doubtful issues of an individual on legal and ethical basis which is based upon ground reality.

This is what distinguishes ADR methods from general litigation. There can be only one winning party after a court trial, while all parties can be treated as winner after conciliation, mediation or negotiation, as there is no conflict between them and they go through the settlement procedure.

Conciliation

Conciliation means settling disputes without litigation. It is an informal process in which conciliator i.e. third party tries to bring the disputants to agreement. He overcomes the disputable issues by lowering the tension, improvement in communication, interpreting issues, providing technical assistance, exploring potential solutions and bringing the negotiated settlement before the parties. Conciliator adopts his own method to resolve the dispute and the steps taken by him are not strict and legal. There is no need of agreement like arbitration agreement. The acceptance of settlement is needed by both of the parties.

Part III of the Arbitration and Conciliation Act, 1996 deals with conciliation. it is a voluntary proceeding where parties in dispute agree to resolve their dispute through conciliation. It is a flexible process which allows the parties to decide the time and place for conciliation, structure, content and terms of negotiations. In Conciliation, the conciliators are trained and qualified neutral person who help the conflicting parties to make them understand the issues in dispute and their interest to reach mutually accepted agreements. The conciliation process includes the discussion between the parties which is made with the participation of the conciliator. It covers many disputes like industrial disputes, marriage disputes, family disputes etc. This allows the parties to control the output of their dispute. The result is also likely to be satisfactory.

1. The conciliation procedure is of private nature. The documents, evidences or any other information which are used during the process are Confidential.
2. One of the most important advantages is that they are Informal process and contains Simple procedures which can be easily followed by the general people.
3. The process depends upon the circumstances of the case. In these processes the need of the parties comes first like quick settlement of their cases so there is no chance for delay.
4. The selection of the conciliators depends upon the parties. The parties can choose conciliator on the basis of their availability, experience in particular field, previous track records of the cases, knowledge in subject area.
5. The conciliation is cheap as compared to litigation. They are cost effective and most opted process for resolving disputes. It purely depends upon the nature of the dispute but is widely acceptable

 Conciliation is an alternative dispute resolution method in which an expert is appointed to resolve a dispute by convincing the parties to agree upon an agreement.  Regulated by The Civil Procedure Code, 1908. One or more conciliator can be appointed . In Conciliation Confidentiality is determined by the law. In conciliation the conciliator plays a more active role, and the conciliator also plays the role of evaluation and intervention for settling the dispute.

MEDIATION 

Mediation is one of the alternative dispute resolutions which are voluntary and informal process for resolution of disputes. Mediation is a process which is under the control of the parties. The mediator acts as a middle person who helps to come on a negotiated common point of their dispute. They are trained professionals or sometimes attorneys who assist the parties in dispute to meet at a common place where they can discuss their issues and can try to negotiate to reach at a common output. A mediator uses special kind of conversation and communication to resolve the parties dispute

The parties can appoint the mediators themselves with mutual consent or the court may appoint the arbitrators in pending litigation. In Mediation, the parties are the decision makers. Mediators don’t decide what is right or wrong or what is fair or unfair. Mediator can’t impose his opinion upon the parties but he can suggest and help the parties to reach a mutual accepted agreement. Mediators may hold joint meetings or can meet with the disputed parties together or separately and can suggest some possible solutions, provide options to compromise, or provide advice and guidance but they cannot impose their opinion or try to solve the dispute forcefully. In mediation, both parties are responsible for reaching the outcome. The role of the parties in mediation is not to convince the mediator but to come up with a common solution which is acceptable by both the parties.

Mediation is an informal method of settling disputes, while it consists of basic rules or procedures. The decision of the mediation is non-binding upon the parties. If the disputed parties have agreed for the process of mediation then it is not binding upon them to agree upon the proposed opinion of the Mediator. The mediator can suggest, give opinions and can tell what to do or what not but he can’t force the parties to attend the mediation if they are not interested to continue.

Mediation can be divided into two categories which is commonly followed in India:

Court referred mediation

The court may refer the pending case to a mediator for mediation if they think there is possibility for the settlement of the case. The act of referring cases is given in Section 89 of the civil procedure code, 1908. These kinds of mediation are used in matters like divorce cases or cases which deals under Negotiable Instrument Act, 1881.

Private mediation

In this kind of mediation, the professional and trained person works as Mediator. The general public, government authorities, personnel from corporate sector or anyone from court can approach them for settling their dispute through mediation.

Mediation refers to a process of settling disputes by independent and impartial third party who assists the parties to reach a common outcome.  Regulated by Arbitration and Conciliation Act, 1996.only One mediator is appointed . In mediation confidentiality depends upon thrust, and it is advised for all parties to sign a Confidentiality Clause for extra measure, and the mediator should be impartial and objective to the parties dispute. In Mediation, the mediator does not give any judgement.

Difference between mediation and conciliation:

Conciliation and mediation more and less are same but conciliation is not that much evolved in our country, court give preference to Lok Adalat and mediation centre. These two terms have many similarities but still there are some differences.

1.Mediation it is the process of resolving issues between party where third party assist them in resolving dispute,while in conciliation method in which an expert is appointed to settle dispute between the parties.

2. Mediation mainly refer to code of civil procedure 1908 while, conciliation refers to arbitration and conciliation act 1996.

3 confidentiality That depends on trust in mediation, while confidentiality those extent by law.

4. Mediator and act as facilitator,while while conciliator act as facilitator and evaluator 

5. In mediation there is an agreement between the parties. But in conciliation there is a settlement agreement between the party.

6 mediation is enforceable by law,while it is executable as decree of Civil Court.

REFERENCE 

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