What are the stages of conciliation proceedings?
Asked by: Dayne Harris | Last update: November 21, 2025Score: 4.6/5 (13 votes)
- Welcome and formalities. The commissioner will introduce him/herself and ask the parties to do the same and complete the attendance register. ...
- Story-telling. ...
- Problem solving. ...
- Settlement and conclusion.
What are the steps of the conciliation process?
- Step 1: Commencement of conciliation proceedings. ...
- Step 2: Appointment of conciliators. ...
- Step 3: Submission of written statement to the conciliator. ...
- Step 4: Conduct of the conciliation proceedings. ...
- Step 5: Administration assistance.
What is the timeline for conciliation?
Once a conciliator is assigned to the complaint, the Commission has a 60-day timeframe for the parties to: share information, and discuss any issues and concerns with the conciliator, meet to discuss the issues and options for resolution, and. finalize any agreements reached.
What happens in the conciliation process?
Conciliation is a free process that provides for the quick and fair resolution of disputes. It provides an opportunity for the parties to listen to one another and to attempt to agree on an outcome that will bring closure to the dispute.
How long does conciliation take?
Deadlines for early conciliation
If you start early conciliation before the deadline, you'll have at least 1 month after it ends to make your claim to a tribunal. Sometimes, you'll have more than 1 month because starting early conciliation extends the deadline for making a claim. Early conciliation lasts up to 6 weeks.
The Conciliation Process
What comes after conciliation?
Should the dispute not be resolved by conciliation, the applicant party will be required to apply for arbitration if they still want to pursue that dispute.
What is the success rate of conciliation?
Two outcomes are possible at a conciliation. If it is successful, the parties reach an agreement. This happens in about 75% of cases.
What happens if conciliation fails?
In case of failure of conciliation (FOC) a report is sent to Government (IR Desks in Ministry of Labour). The Ministry of Labour after considering the FOC Report exercises the powers available to it under Section 10 of the Industrial Disputes Act and either refers the dispute for adjudication or refuses to do so.
What are the rules of conciliation?
(1) Conciliation proceedings are private and confidential and are conducted on a without prejudice basis. No person may refer to anything said at conciliation proceedings during any subsequent proceedings, unless the parties agree in writing or as ordered otherwise by a court of law.
What are the possible outcomes of conciliation?
What outcomes can I expect from conciliation? There are two possible outcomes to the conciliation process - resolution of the dispute, or continuing disagreement.
What are the stages of conciliation proceeding?
In conciliation proceedings with three conciliators, each party appoints one conciliator. The third conciliator is appointed by the parties by mutual consent. Unlike arbitration where the third arbitrator is called the Presiding Arbitrator, the third conciliator is not termed as Presiding conciliator.
What happens after conciliation?
After conciliation, if you and your employer can't come to an agreement, the Commission must issue you with a certificate. The certificate is proof that you went to the mediation or conciliation conference and confirms that you were not able to settle the case.
Can conciliation proceedings be terminated?
A conciliation may terminate with the issuance of the Report by the Commission (Additional Facility Conciliation Rules 43 to 45) or with a discontinuance order issued prior to the Commission's constitution (Additional Facility Conciliation Rule 42).
What is the EEOC conciliation rule?
Section 706 of Title VII directs the Commission, after it finds reasonable cause, to endeavor to eliminate discrimination through informal methods of conference, conciliation, and persuasion. Congress further directed that the EEOC could only commence a civil action if, and only if, conciliation fails.
What is a conciliation order?
Conciliation is an alternative out-of-court dispute resolution instrument. Like mediation, conciliation is a voluntary, flexible, confidential, and interest based process. The parties seek to reach an amicable dispute settlement with the assistance of the conciliator, who acts as a neutral third party.
What is the conclusion of conciliation proceedings?
Thus, a efficacious Conciliation proceeding concludes only at the time the settlement agreement executed by both parties comes into being. This sort of an agreement has the status and legal effect of an arbitral award under Section 74.
What are 2 disadvantages of conciliation?
- It relies on both parties to accept the conciliator's decision.
- It could be considered as too informal and not taken seriously.
- The conciliation process isn't legally binding.
What is the next step after conciliation?
If the dispute is resolved, a commissioner has a duty to assist the parties to draft an enforceable agreement that brings the dispute to finality. The commissioner issues a certificate recording the outcome of the dispute. A signed settlement agreement is binding on the parties.
How long do arbitration hearings usually last?
Most arbitrations take about three hours. If you think your case will take more than five hours, let the arbitrator know before the arbitration starts.
How long does conciliation last?
This is when a conciliator speaks with you and your employer separately to help you come to an agreement. If you try early conciliation, your time limit is paused for up to 6 weeks while conciliation takes place.
What happens if one party does not show up for mediation?
The party who skipped mediation may be held in contempt of court for violating a court order. Sanctions for violating a court order can include community service, fines, paying for the attorney fees of the other party, and even jail time. The party who skipped may have to pay for all of the mediator's fees.
Who must a conciliation agreement protect?
The conciliation agreement shall seek to protect the interests of the aggrieved person, other persons similarly situated, and the public interest.
What are the weaknesses of conciliation?
- Less control: Because the conciliator plays a more active role, parties may feel that they have less control over the final agreement.
- More formal: Conciliation can feel more like a court process, which may not suit those looking for a flexible, informal approach.
What is the time period for conciliation?
On the expiry of ninety days from the date fixed for the first appearance of the parties before the mediator/conciliator, the mediation/conciliation shall stand terminated, unless the Court, which referred the matter, either suo motu, or upon request by any of the parties, and upon hearing all the parties, is of the ...
What can you do if you are not satisfied with the outcome of conciliation?
A conciliation settlement agreement is final and binding on both parties. If either party does not uphold the terms of the agreement, an application can be made to the Labour Court for the settlement agreement to be made an order of the court.