Critical Analysis Of The Conciliation Proceedings Under The Arbitration And Conciliation Act, 1996

INTRODUCTION

Alternate Dispute Resolution ("ADR") refers to all methods of resolving a dispute which are alternatives for litigation in the courts. ADR¹ includes arbitration, mediation, conciliation, negotiation, expert determination, early neutral evaluation by a third person, etc. Conciliation, a well-accepted method of ADR, is by which the parties to a dispute use the services or take the assistance of a neutral and impartial third person or institution, called a conciliator, as a means to help them to reduce the extent of their differences and to arrive at an amicable settlement or acceptable solution according to a compromise rather than an award or decree by force of law. Conciliation is not defined under the Arbitration and Conciliation Act, 1996 ("AC Act"). It can be defined as a non-contentious and non-binding procedure in which an impartial third party - the conciliator - assists the parties by understanding the pros and cons of the respective positions