Process of Conciliation

Process of Conciliation
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Process of Conciliation

The process of conciliations is divided into 5 steps which are:

Commencement of the Conciliation procedures [Section 62]-

The process of conciliation is started by one party sending a written invitation to the next party to conciliate. The invitation ought to recognize the subject of the dispute. Conciliation procedures are initiated when the other party acknowledges the challenge to conciliate in writing. In the event that the other party refuses the greeting, there will be no conciliation procedures.

Meaning of Conciliation

Appointment of the conciliators [Section 64]-

When the second party accepts the invitation of conciliation sent by one party, both the parties have to agree on the composition of conciliation tribunal. The proceedings with be conducted with the agreement made by both the party and if there is no previous agreement then the proceedings will be conducted by sole conciliator which will be appointed with the consent of both the parties. There is the maximum limit for conciliators which is 3. In that condition, both the parties with choose own conciliator and third will be appointed unanimously by both the parties which will be known as “presiding conciliators.”

Types of Conciliation

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Submission of Statement to the Conciliator [Section 65] –

The conciliator may demand each party to submit to him a brief written explanation. The assertion needs to portray the overall idea of the question and the focuses at issue. Each party must send a copy of such articulation to the next party. The conciliator may require each party to submit to him further composed articulation of his position and current realities and grounds in its help. It could be enhanced by fitting reports and proof.

Conduct of Conciliation Proceedings [Section 69(1),67(3)]-

The conciliator may welcome the parties to meet him. He may speak with the parties orally or by writing. He may meet or speak with the parties together or independently. In the direction of the conciliation procedures, the conciliator has some opportunity. He may lead them in such a way as he may think about fitting. In any case, he should consider the conditions of the case, the express wishes of the parties, a parties’ conciliation to be heard orally and the need for fast settlement of the dispute.

Mediation under ADR

Administrative help [Section 68]-

Segment 68 encourages regulatory help for the direct of conciliation procedures. Appropriately, the parties and the conciliator may look for authoritative help by a reasonable foundation or the individual with the assent of the parties.

Read Also:

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Meaning of Conciliation

Types of Conciliation

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Mediation under ADR

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