Disscuss the Differences between Arbitration and Conciliation

Below are the Differences between Arbitration and Conciliation

Arbitration

Conciliation

Arbitration is a method of resolving disputes in which a neutral third party is chosen to examine the facts and merits of a disagreement and render a binding judgment on the parties.

Conciliation is a method in which disputing parties, with the help of a dispute resolution practitioner, Examine the topics in dispute, create ideas and possibilities for a favorable settlement term, consider alternatives, and try to reach a mutual agreement.

Arbitration can be used if all parties to the dispute must have agreed to it beforehand.

The conciliator’s key role is to support mediation and advocate for a mutual settlement of disputes, as well as to produce choices and examine alternatives.

The arbitration may be ordered by a court or stipulated in a contract.

Conciliation has the added advantage of allowing the conciliator to participate in and come up with ideas during the parties’ discussions.

Both parties have the opportunity to present evidence and argue their case during the arbitration. This method is faster than using courts and tribunals, and the arbitrator, like a judge, has the authority to make a binding decision on the parties and to enforce that decision, which is referred to as an “award.”

Conciliation can be requested by either party, but the other parties must agree to the appointment of a conciliator.

Arbitration is one of the important dispute resolution techniques that is frequently utilized in the areas of employment, construction, and family disputes.

The entire cost of the conciliation is partly divided between both parties.

 

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.

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