Arbitration & Conciliation: Professional Practice
Arbitration & Conciliation: Professional Practice
Arbitration & Conciliation: Professional Practice
CONCILIATION
PROFESSIONAL PRACTICE
01 Aiswarya Sidharthan
02 Anas
03 Ansika
04 Archana T
05 Archana Unnikrishnan
06 Ashley
MODES OF RESOLUTION OF DISPUTES
• Litigation
• Arbitration
• Conciliation
• Mediation
• Negotiation
Arbitration?
3) CONFIDENTIALITY
The conciliator and the parties are duly bound to keep confidential all matters relating to conciliation
proceedings. Similarly when a party gives a information to the conciliator on the condition that it be
kept confidential , the conciliator should not disclose that information to the other party.
When the conciliator receives a information about any fact relating to the dispute from
party , he should disclose the substance of that information to the other party . The
purpose of this provision is to enable the other party to present an explanation which
might consider appropriate.
Adjustment and settlement of a dispute in a friendly and non- antagonistic manner by using a
non binding procedure.
• The most important for prevention and settlement of industrial disputes through third party
intervention.
• The settling of disputes without litigation.
• It’s a method of settlement.
• It’s a process by which discussion between parties is kept going through the participation of
conciliator.
• It brought both the parties of dispute into harmony.
CONCILIATOR
• The conciliator is a neutral party who without using any force , seeks to find some middle cause for
mutual agreement between the disputants so that the dead lock is brought to an end at the earliest
possible moment and normal peace restored.
• He tries to bridge the gulf between two contenting parties, and if he does not succeed ,he tries to
reduce the difference's as far as possible, by tendering advice to them and working out an amicable
settlement.
• He cannot suggest solutions but suggests alternative solutions.
ADVANTAGES OF CONCILIATION
Hearing involves mastery of the facts of a particular dispute as well as the relevant
particular provisions of the collective agreement and of the past practices of the parties in
relation to matters relevant to the dispute.
• The party should be free to give any evidence which is relevant to the enquiry and on
which it relies for its arguments. The evidence given by one party should be taken in the
presence of the other party so that the other party may rebut and place counter evidence,
if necessary.
• After the collection of facts and supporting materials, arguments take place.
MAIN OBJECTIVES OF THE ARBITRATION AND CONCILIATION ACT, 1996