Difference Between Mediation and Conciliation

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 independent and impartial third party who assists the parties to reach a common outcome.

1. What are the key differences between mediation and conciliation?
2. What are the differences between mediation negotiation and conciliation?
3. What is conciliation vs mediation?
4. What is the difference between conciliation and arbitration?
5. Is conciliation legally binding?
6. Who appoints conciliator?
7. What are disadvantages of mediation?
8. Where is conciliation used?
9. What are the advantages of conciliation?
10. What is the conciliation process?

What are the key differences between mediation and conciliation?

Mediation is a process of resolving issues between parties wherein a third party assist them in arriving at an agreement. Conciliation is a alternate dispute resolution method in which an expert is appointed to settle the dispute by persuading parties to reach agreement.

What are the differences between mediation negotiation and conciliation?

Like mediation, a qualified and neutral professional also facilitates negotiations between those in dispute to help them achieve a resolution. Compared with mediation, however, the conciliator takes a more interventionist role. ... The conciliator will make recommendations to the parties jointly for their consideration.

What is conciliation vs mediation?

The parties seek to reach an amicable dispute settlement with the assistance of the conciliator, who acts as a neutral third party. Unlike mediation, a conciliator injects insight and opinions as to how each side might fare in court and how their positions compare with the law.

What is the difference between conciliation and arbitration?

Conciliation is where parties, with assistance from a dispute resolution practitioner (the conciliator) discuss issues to reach an agreement. ... Arbitration is where the parties to a dispute present arguments and evidence to a dispute resolution practitioner (the arbitrator).

Is conciliation legally binding?

No. A conciliator cannot take sides, cannot make decisions about who is right or wrong, and cannot give legal advice. The conciliator is impartial. They are there only to help the two sides sort the complaint out.

Who appoints conciliator?

The Conciliation is generally conducted by an officer appointed by Government under Industrial Disputes Act, 1947. Industrial Disputes Act, 1947 provides provisions for the parties to settle disputes through Negotiation, Mediation and Conciliation, for example Section 12 , Section 18 , etc.

What are disadvantages of mediation?

A disadvantage to mediation is that the parties may not be able to come together on an agreement and will end up in court anyway. Arbitration is a more formal process for resolving disputes. Arbitration often follows formal rules of procedure and the arbitrator may have legal training that a mediator does not.

Where is conciliation used?

The conciliator usually has some experience of the matter in dispute and can advise the parties of their rights and obligations. Conciliation can be used for disputes where you need to uphold your rights, or need advice on what your rights and responsibilities are, such as in equal opportunity disputes.

What are the advantages of conciliation?

Advantages of conciliation:

• Flexibility: Since the conciliation process is informal, it is flexible.
• The conciliator is often an expert in the disputed field.
• Conciliation proceedings, like any other form of ADR, is economical as compared to litigation.

What is the conciliation process?

Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute use a conciliator, who meets with the parties both separately and together in an attempt to resolve their differences.