During conciliation the parties cannot initiate any judicial or arbitration proceeding on the same dispute.
The conciliator on his appointment shall invite each of the parties to submit his brief write-up on the dispute and the points at issue, with copy to the other party. On going through the same the conciliator may call upon each party to submit a written statement on his stand and the grounds in support of his position with appropriate documents and other evidence, with copy to the other side. Thereafter, the conciliator may also seek additional information from the parties.
The conciliator shall impartially assist the parties to reach an amicable settlement of their dispute themselves. However, at any stage of the conciliation proceedings the conciliator may make proposals for settlement of the disputes, which need not be written or reasoned.
Each party can on his own or at the request of the conciliator submit to him suggestions for the settlement of the dispute.
The conciliator can meet or communicate with the parties either together or separately at such place as decided by the conciliator in consultation with the parties, unless there is an agreed venue. When the conciliator receives factual information concerning the dispute from any party, he shall disclose the same to the other party for his feedbacks or explanations. However, when a party supplies information on condition that it is kept confidential, the conciliator shall not disclose the same to the other side.
Since settlement in conciliation is essentially voluntary in nature, the proceedings can be brought to an end by a written declaration of termination of conciliation either from any unwilling party or of the conciliator in consultation with the parties.
Difference with Arbitration
While arbitration is a process of resolution of disputes outside courts by a private judge of the parties by whose decision or award they have agreed or volunteered to be bound by, the conciliator tries to induce the parties to come to an agreed settlement themselves without deciding anything himself.
An arbitrator has to give hearing or audience to the parties but a conciliator need not engage in any formal hearing though he may informally consult the parties separately or together.
