What do you mean by conciliation? Discuss the provisions related to the appointment of a conciliator.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2024
What do you mean by conciliation? Discuss the provisions related to the appointment of a conciliator.
Answer & Explanation:
Conciliation is an informal process in which the conciliator (the third party) tries to bring the disputants to agreement. He does this by lowering tensions, improving communications, interpreting issues, providing technical assistance, exploring potential solutions and bringing about a negotiated settlement. Section 64(1) of the Arbitration and Conciliation Act, 1996 provides that subject to section 64(2): a. in conciliation proceedings with one conciliator, the parties may agree on the name of a sole conciliator; b. in conciliation proceedings with two conciliators, each party may appoint one conciliator; c. in conciliation proceedings with three conciliators, each party may appoint one conciliator and the parties may agree on the name of the third conciliator who shall act as the presiding conciliator. Further section 64(2) provides that parties may enlist the assistance of a suitable institution or person in connection with the appointment of conciliators, and in particular, a. a party may respect such an institution or person to recommend the names of suitable individuals to act as conciliator, or b. the parties may agree that the appointment of one or more conciliators be made directly by such an institution or person. However, in recommending or appointing individuals to act as conciliator, the institution or person shall have regard to such considerations as are likely to secure the appointment of an independent and impartial conciliator and, with respect to a sole or third conciliator, shall take into account the advisability of appointing a conciliator of a nationality other than the nationalities of the parties.
Topics: Arbitration and Conciliation Act
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