Difference Between Mediation and Conciliation (With Table)

Many disputes are faced by people and it is not easy to settle. Therefore, several governing bodies help to solve easily these disputes in legal ways. It is always recommended to have a third party because one can easily become violent or aggressive during a dispute.  

Among the dispute settlement agencies, mediation and conciliation are two of them. They help to settle the dispute between two groups in no violent and legal manner. This article focuses on differentiating mediation and conciliation. 

Mediation vs Conciliation 

The main difference between the mediation and the conciliation is that between the two parties’ mediation is used to settle the disputes, and the conclusion must benefit both parties. On the other hand, in conciliation, the judicial body suggests a conciliator helps both parties in dispute resolution.

Mediation is one of the kinds of alternate dispute resolution. In this, parties mutually appoint an impartial and independent third party which is known as the mediator. It helps the parties to reach an agreement that is accepted mutually by the concerned parties.  

In conciliation, the parties appoint a disinterested and unbiased third party out of their free consent. With the help of mutual dialogue and discussion, they agree. Conciliation is featured by the party’s voluntary will who conciliates the dispute. 

Comparison Table Between Mediation and Conciliation 

Parameters of ComparisonMediationConciliation
InterpretationBetween the two parties’ mediation is used to settle the disputes, and the conclusion must benefit both parties.The judicial body suggests a conciliator helps both parties in dispute resolution.
Third-PartyActs as facilitatorActs as evaluator, facilitator, and intervener.
ResultAgreement between partiesSettlement agreement
Number of advisorsOnly one mediator or advisorMore than one conciliator or advisor
EnforcementBy lawAs a decree of a civil court

What is Mediation? 

Meditation is a non-binding end voluntary process. In this, the conversational process between the parties of the dispute comes to a satisfactory resolution with help of an impartial third party. It allows parties from both sides to express their thoughts on the particular dispute to create a unique solution.  

The mediator should not make decisions or be a judge. The mediator’s role is to facilitate the conversation with the help of communication and negotiation techniques. The mediation is based on certain protocols and the following process. This process allows the focus of the parties on the real problems related to the dispute.  

In this process, active participation of all parties is required. The aim is to devote more time to finding a functional, peaceful, voluntary, and durable solution. This process allows for withdrawal from mediation by any of the disputants and simply refers to the court system for dispute.  

At the end of the mediation, it is advised to be drawn up the resolution in contract form. The mediation fails to cover under the judge’s authority and such a contract the process of meditation legally more binding. It is to ensure that in the forward process both parties recognize their part and give compliance. 

What is Conciliation? 

Conciliation aims at the disputing parties to develop a positive relationship. It looks for a violated right and later tries to find the course of action which is well suited. It is done through a facilitator who drives the disputants to a satisfactory goal.  

Conciliation is often used, preventatively, to prevent a conflict from developing into a substantial one. It is characterized by the voluntary parties’ participation in the process. The intention is to find a solution that is beneficial for all involved parties.  

There is a strict confidentiality role for the conciliation that is enforced by law. It allows them to play facilitator a more direct role in the dispute solution. Advice for certain solutions as well as suggestions towards certain proposals can be made by the facilitator.  

Conciliation focuses to maintain and reconcile existing business relationships among the parties. It is not vital to do according to a certain protocol or procedure like with mediation. The facilitator determines the route, which depends on the cause. 

Main Differences Between Mediation and Conciliation 

  1. When it comes to privacy, parties in mediation sign a confidentiality clause, or simply between the parties’ trust is built up. But the privacy guarantee in conciliation is fixed by the law or the judicial body.  
  2. The mediator plays a facilitator role in mediation to help in the agreement of the party. On the flip side, the conciliator in conciliation is more like an interventionist and provides parties probable solutions to settle disputes.
  3. Confidentiality is premised in mediation as well as in conciliation. However, confidentiality depends on the trust in mediation. Meanwhile, in conciliation, the extent of confidentiality is determined by law.
  4. When it comes to regulation, the Code of Civil Procedure Act, 1908, regulates mediation. On the other hand, under the Arbitration and Conciliation Act, 1996, conciliation is regulated.
  5. When a substantial dispute or conflict has arisen, then mediation intervenes in case professional intervention is required. But the usage of conciliation is preventively and focuses to stop developing disputes into something substantial. 

Conclusion 

It can be concluded that both mediation and conciliation come under the agencies of dispute settlement. They help to settle the dispute between two groups in no violent and legal manner. Between the two parties’ mediation is used to settle the disputes, and the conclusion must benefit both parties. Meanwhile, in conciliation, the judicial body suggests a conciliator helps both parties in dispute resolution.

Only one mediator or advisor is required in the process of mediation, while more than one conciliator or advisor is required in conciliation. When it comes to mediation, the Code of Civil Procedure Act, 1908, regulates it, whereas conciliation is controlled under the Arbitration and Conciliation Act, 1996. The mediation is enforced by law, but conciliation is enforceable as a decree of a civil court.

References 

  1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/jsouafl1998&section=25
  2. https://onlinelibrary.wiley.com/doi/abs/10.1111/nous.12077
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