Explain the meaning of Mediation and Conciliation. What is the difference between these two terms ?

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2021
Explain the meaning of Mediation and Conciliation. What is the difference between these two terms ?

Answer & Explanation:

Answer 3A(ii) Mediation The term "mediation" has been defined under black law dictionary as "an act of a third person who interferes between two contending parties with a view to reconcile them or persuade them to adjust or settle their dispute". Conciliation The term "Conciliation" has been defined under black law dictionary as "The process of adjusting or settling disputes in a friendly manner through extra judicial mean". Difference between Mediation and Conciliation Mediation Conciliation Mediation is a structured process. The Mediator assists the disputants to reach a negotiable settlement. The Process results in signed agreement which decides the future behaviour of the parties. Further, the decision of the mediator is called 'settlement'. Conciliator brings the disputants to agreement through negotiation. Further, the Conciliator is appointed only after the dispute has arisen. The decision of the Conciliator is called 'award'. In mediation, the mediator does not suggest the manner of settlement to the parties. Any settlement arrived at using either process is voluntary. No settlement can be imposed by the mediator or conciliator. The conciliation process is similar to mediation. But the conciliator suggests terms for settlement on evaluation of the issues discussed by the parties.

Topics: Alternative Dispute Resolution (ADR)

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