Difference between Arbitration and Conciliation

 

     Difference between Arbitration and Conciliation

Points

Arbitration

Conciliation

Meaning

Arbitration is binding in nature. The dispute is presented for adjudication in conformation with the agreement to an arbitral tribunal which passes legally binding awards. 

Conciliation denotes a non-binding process in which an unbiased party, the conciliator, helps the parties to a dispute to reach a mutually satisfactory settlement.

Enforceability of decision

The arbitral award can be implemented in the same way as a decree passed by a court.

However, a conciliator has no right to enforce his decisions.

Nature of process

Arbitration has fixed rules and formal procedures which are governed by law.

It is an informal process and the procedure is flexible.

Prior agreement

There should be agreement in existence for referring a conflict to an arbitrator.

No need for a prior agreement.

Availability

Available for existing and future disputes.

Available for only existing disputes.

Outcome

Arbitral award is final and binding upon parties.

Conciliation may not result in a final or binding settlement of disputes.

 

References:

1. Characteristics of Alternate Dispute Resolution (ADR) and Advantages and Disadvantages of Alternate Dispute Resolution (ADR)

 2. Legal Education in India: Challenges, Innovations, and a Vision

3. Sources of Law

4. Salient features of Arbitration and Conciliation Act, 1996.

5. Disscuss the Differences between Arbitration and Conciliation

6. What type of Matter Cannot be subject to ADR (Alternative Dispute Resolution)

7. Discuss the historical background and objectives of the Arbitration and Conciliation Act, 1996

8. What is an Interim Measure by Court Under Section 9 of the Arbitration and Conciliation Act 1996

9. Differences between Arbitration and Mediation

10. Difference between Mediation and Conciliation

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