Difference Between Mediation and Conciliation (With Table)

People face many disputes, and settlement is not that easy. Therefore there are so many governing bodies with the help of which one can easily solve their disputes using legal ways. Because one can become easily aggressive or violent during any dispute, third-party advice is always recommended.

Mediation and Conciliation are types of dispute settlement agencies, which help two groups to settle their matter legally and with no violence. These are the easiest way of solving matters at a low cost and without going to any judiciary forums or judicial bodies. They tell about the rights of a person according to the law or constitution after listening to both parties.

Mediation vs Conciliation

The difference between Mediation and Conciliation is that Mediation is considered by both the parties who have disputes, and then all the three parties together suggest or conclude solutions. While Conciliation is suggested to the parties by legal authorities, and the conclusion is made by the conciliator.

Mediation is a third-party process that helps people to settle out their disputes without the use of violence. People who do not want to face judiciary or judicial forums are suggested to go through these processes as it sorts out the matter between two parties without court interference.

Conciliation sorts out the disputes but by legal suggestion only and this method of solving the dispute are suggested by judicial authorities to the parties. This act was launches or introduces in 1996, and it is regulated by the arbitration and conciliation act of solving disputes.

Comparison Table Between Mediation and Conciliation

Parameters of ComparisonMediationConciliation
DefinitionThis method is used to settle the disputes between two parties and reach a conclusion that is beneficial for both parties. In this method, a conciliator suggested by the judicial body helps both parties in resolving their disputes.
No. of advisorsThe mediation process involves only one advisor or mediator.The conciliation process can have more than one advisor or conciliator.
Privacy A confidentiality clause is signed by the parties, or a normal build-up of trust is made between the parties.The judicial body or the law fixes the privacy guarantee.
Result The result which is concluded is beneficial to all parties.Result conclusion should be reasonable and beneficial to all parties.
Solution processUsually, both the parties and the mediator conclude the solution together. Mostly the conciliator proposes a solution that can be opted by the parties.
Nature of the advisorIn the mediation process, the mediator considers the suggestions of the parties as well.In conciliation, the advisor or conciliator has a more important role as compared to the mediator.

What is Mediation?

The mediation process involves a third party which concludes a solution for a matter between two parties who do not want to face court or judicial procedures. This method involves a mediator who gives advice to both parties and also listens to their suggestions.

This process is governed by the code of civil procedure act of 1908. Mediation can opt by the parties personally, or it can be suggested by the judicial bodies. During this process, no violence is used. Instead, everyone calmly suggests their ideas or options then a conclusion is made by the mediator with impartiality.

A mediator cannot enforce his decisions to the parties if opted personally but is suggested by the court to the parties, his decision can be enforced, or the decision can be taken to court if not sorted personally. It is one of the ancient methods of solving disputes.

What is Conciliation?

Conciliation is recommended by the courts to the people who are not able to solve their matters personally. In this process, a conciliator is appointed who helps the parties to conclude solutions beneficial to both parties without using any type of violence.

The arbitration and conciliation act of 1996 regulate this process. And it is introduced much later than the Mediation method. The role of the Conciliator is very important as the decisions made by the conciliator are legal and can be enforced on the parties.

There are two types of Conciliation methods one is voluntary, and the other is compulsory. In the voluntary process, both parties contribute their decisions one by one. In the compulsory process, the conciliator’s conclusion or the conciliator’s suggestion is given importance.

Main Differences Between Mediation and Conciliation

  1. This Mediation is used for settling up the disputes between two parties and reaching a conclusion that is beneficial for both parties. While in the Conciliation method, a conciliator suggested by the judicial body helps both parties in resolving their disputes.
  2. In Mediation, usually, both the parties and the mediator conclude the solution together. Whereas in the Conciliation method, the conciliator proposes a solution that can be opted for by the parties.
  3. The conciliation process can have more than one advisor or conciliator. But in the case of the Mediation process, there is only one mediator who solves the dispute.
  4. In the Mediation method confidentiality clause is signed by the parties, or a normal build-up of trust is made between the parties. While in the Conciliation process, the judicial body or the law fixes the privacy guarantee.
  5. In Conciliation result conclusion should be reasonable and beneficial to all parties. While in Mediation, the result which is concluded is beneficial to all parties.

Conclusion

Property disputes and other disputes can lead to serious violence issues; therefore, the judicial system has made dispute-solving methods with the help of which people can be advised or suggested, and easy conclusions can be made without violence. Mediation and Conciliation come into this category in which a conciliator or mediator helps people to reach a conclusion or solution to their problems.

The Mediation method can be recommended or can be hired personally depending on the level of dispute. While Conciliation method is generally recommended by judicial bodies for solving matters. In Mediation, usually, both the parties and the mediator conclude the solution together. Whereas in the Conciliation method, the conciliator proposes a suggestion that can be chosen by the parties.

References

  1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/jsouafl1998&section=25
  2. https://www.jstor.org/stable/3877881
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