What is conciliation? | Mumcare Welfare

Understanding the process

Conciliation is a voluntary, confidential, non-adjudicatory process in which a neutral conciliator facilitates communication between the parties, helps them understand each other's positions, and assists them in exploring potential solutions, without imposing any decision.

Conciliation is governed in India primarily by Part III of the Arbitration and Conciliation Act, 1996 (Sections 61 to 81). It is closely related to mediation but is distinguished by a more active role for the conciliator, who may suggest solutions and point out the relative strengths and weaknesses of each party's position.

✓Six key features

Voluntary participation: either party can withdraw at any time
Strict confidentiality of all proceedings and communications
Active facilitation without decision-making power
Flexibility in procedure and agenda
A settlement agreement, if reached, is final and binding
Lower cost than arbitration or litigation

!Four principal disadvantages

Total dependence on the good faith and genuine willingness of both parties
The conciliator has access to each party's confidential information, creating potential sensitivity
It may merely delay resolution without actually achieving it
The conciliator is not required to be a legally qualified professional, which can affect quality

Please note

Conciliation is voluntary and does not replace legal remedies. Mumcare Foundation is not a court or consumer commission, and filing here does not stop you from approaching any legal forum.