Difference between Mediation and Conciliation

 

   Difference between Mediation and Conciliation

Points

Conciliation

Mediation

Meaning

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.

Mediation refers to a process of settling disputes by an independent and impartial third party who assists the parties to reach a common outcome.

Regulation

The Arbitration and Conciliation Act,1996

The Mediation Act, 2023

Number of Third party

More than one conciliator.

One mediator.

Confidentiality

In Conciliation, confidentiality is ascertained by the relevant legal provisions.

In mediation, confidentiality depends upon trust, and all parties are advised to sign a confidentiality clause for extra measure.

Nature of third party

In conciliation, the conciliator plays a more active role.

In mediation, the mediator should be impartial and objective to the parties’ dispute.

Third party

In Conciliation, the conciliator plays an active part in evaluating the contentions and providing suggestions on the disagreements between the parties.

In Mediation, the mediator does not give any judgment.

 

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

Comments

Post a Comment

Popular posts from this blog

Res Gestae under Section 6 of Indian Evidence Act, 1872

  Ø Res Gestae under Section 6 of Indian Evidence Act, 1872 “Walking on the edges of the footpath, you hear a screeching voice of a woman, turn to the left and exclaim in shock “oh my god, someone help” when you witness her being robbed off by a gang of four men. Will your statement be admissible in the eyes of law?” Facts, not a part of the main issue, which are supplementary and is so connected to the issue that it forms part of the same transaction is called Res Gestae. These facts ought to be contemporaneous in nature so as to be admissible by the court under Section 6 of the Indian Evidence Act . In layman’s terms, the facts which surround the fact in issue and have happened immediately before or after the ‘act’ has been done are admissible under this doctrine. If any of the facts are remotely connected to the main act, they wouldn’t be admissible in a court of law. Ø Definition of Res Gestae Res Gestae has been derived from Latin words meaning ‘’things done’’. It ...
Read more

Identification Parade

                Identification Parade     Ø What is Test Identification Parade A test identification parade, is a procedure commonly used in criminal cases to identify the accused in a court of law. Witnesses play a crucial role in this process as it’s their responsibility to recognize the accused among a group of individuals presented in the parade. The main purpose of this procedure is to assess whether the witness can accurately identify the accused from a group of people. This helps establish the witness’s reliability in identifying an unknown person in relation to the context of the crime. Law enforcement frequently employs this method to verify the witness’s credibility, especially in cases where the witness has never encountered the accused except at the crime scene. Ø Purpose of Test Identification Parade In the case of Ramkishan vs Bombay State [AIR 1955 SC 104], it was established that, during the investigation o...
Read more

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

Ø Disputes that cannot be resolved through Arbitration The Arbitral Tribunal may be a private forum exclusively chosen by the parties to the dispute to urge their civil or commercial disputes to get adjudicated. Every civil and commercial dispute can be adjudicated by arbitration unless the jurisdiction of the Arbitral Tribunal is barred from doing so. The Arbitration and Conciliation Act, 1996 does not explicitly exclude the category of civil or commercial disputes from arbitrability.  Section 8 of the Act casts an obligation on the Judicial Authority to ask for arbitration in terms of the Arbitration Agreement. The Act doesn't exclude the category of disputes which are to be treated as non-arbitrable. However, the courts in certain disputes refuse to refer the parties to arbitration under Section 8 of the Act. Under Indian law, the kinds of disputes that can't be resolved by arbitration include: •        Criminal offences. •   ...
Read more