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Power and Duties of Conciliator

The document outlines the role of a conciliator in assisting parties to reach an amicable settlement by facilitating communication and exploring solutions while maintaining objectivity and fairness. It emphasizes the conciliator's flexibility in conducting proceedings and their authority to make settlement proposals at any stage. Additionally, the conciliator has duties to disclose information between parties and ensure confidentiality throughout the process.

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1K views2 pages

Power and Duties of Conciliator

The document outlines the role of a conciliator in assisting parties to reach an amicable settlement by facilitating communication and exploring solutions while maintaining objectivity and fairness. It emphasizes the conciliator's flexibility in conducting proceedings and their authority to make settlement proposals at any stage. Additionally, the conciliator has duties to disclose information between parties and ensure confidentiality throughout the process.

Uploaded by

bhavna9602836463
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Assisting Parties in Reaching an Amicable Settlement

The primary role of a conciliator, as stated in Section 67, is to assist the parties in reaching a mutually
acceptable resolution to their dispute.

This involves facilitating communication, encouraging dialogue, and exploring possible solutions. The
conciliator acts as a neutral and impartial third party, promoting a cooperative environment where
parties can freely express their concerns and interests.

Guided by Principles of Objectivity, Fairness, and Justice

A conciliator must uphold objectivity, fairness, and justice principles throughout the conciliation
proceedings. This means treating both parties equally without favouring one over the other.

The conciliator must consider various factors, including the rights and obligations of the parties, trade
usage, and the circumstances surrounding the dispute. By doing so, they ensure that the proposed
settlement aligns with the principles of equity and fairness.

Conducting the Conciliation Proceedings Appropriately

Section 67 grants conciliators the flexibility to conduct the conciliation proceedings in a manner they
deem appropriate. This enables them to tailor their approach to the case’s specific needs.

They may take into account the circumstances of the dispute, the expressed wishes of the parties, and
the need for a speedy resolution. Furthermore, if a party requests the conciliator to hear oral
statements, the conciliator should consider such requests.

Making Proposals for Settlement

At any stage of the conciliation process, a conciliator is empowered to make settlement proposals to the
parties. These proposals, which need not be in writing and are not required to be accompanied by a
statement of reasons, can serve as potential solutions for the parties to consider. The aim is to guide the
parties towards a settlement that effectively accommodates their interests and resolves their dispute.

Duties and Powers of Conciliator


1. The conciliator shall assist the parties in an independent manner thereby helping them to reach
an amicable settlement
2. The conciliator shall conduct the proceedings of conciliation taking into account and
consideration the facts and circumstances of the case and also the wishes of the parties are to
be considered.
3. The Conciliator shall consider the rights and obligations of the parties and the previous relations
between the parties.
4. The Conciliator has the duty and power to make proposals for settlement of dispute at any stage
of the proceedings. These proposals are not mandatory to be in writing and need not be
accompanied by a statement of the reasons.
5. The conciliator has a duty to disclose all information received from one party to the other party
so as to give the other party an opportunity to present their side of the case.
6. The conciliator has a duty to keep all matters relating to the proceedings confidential.

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