What is conciliation as a process in arbitration?

What is conciliation and arbitration?

An arbitration is a formal process, with countries arguing their case before an Arbitral Tribunal. The Tribunal makes a decision which is legally binding on the parties. By contrast, the function of conciliation is to assist countries resolve their dispute amicably, rather than adjudicate between the parties.

What are the stages of conciliation proceedings?

Conciliation proceedings have four main steps: (1) meeting, (2) statement, (3) suggestion, and (4) agreement. It is important to note that conciliation is not a linear process, and the parties can move between the stages and back and forth as needed.

Is conciliation better than arbitration?

What are the benefits of attending the conciliation hearing? It is far more beneficial for parties to resolve disputes at the lowest level of resolution. By attending the hearing, both parties are able to avoid the unnecessary costs involved in the arbitration process.

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.

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.

What are the disadvantages of conciliation?

What to expect at conciliation?

Generally, the complainant and respondent will then meet together with the conciliator. The conciliator will give both sides the opportunity to talk about the complaint and how they see things. After this meeting, the conciliator will help you talk about ways the complaint may be resolved.

Is arbitration legally binding?

While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. As such, parties may want to consider consulting an attorney at any time before, during, or after the arbitration.

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 can arbitration take?

Arbitration is similar to going to court, but faster, cheaper and less complex than litigation. If the case settles, an arbitration will last around one year. If the case goes to hearing, an arbitration typically takes 16 months.

What are the advantages of conciliation?

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 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.

Is conciliation mandatory before arbitration?

In fact, the Act prescribes several safeguards²⁸ to ensure that in event of a dispute, if parties choose to conciliate first, followed by arbitration (such an arrangement being spontaneous to the dispute, not a 'necessary' precursor to arbitration and therefore, not in the nature of a multi-tiered dispute resolution ...

What happens after conciliation fails?

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. An application for arbitration is not required if the matter was scheduled for con-arb, but the arbitration part was adjourned by the commissioner.

Is arbitration better than going to court?

Quicker Resolution: One of the biggest benefits of arbitration is how quickly disputes can be settled. Without the need for a drawn-out litigation process, parties can expect a faster resolution. Lower Cost: Arbitration is generally considered less expensive than going through the courts.

Is conciliation more formal than mediation?

Mediation is a more informal process than conciliation. Unlike a conciliation commission, the mediator does not have the authority to issue formal orders or decisions.

How do I prepare for conciliation?

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.

Is conciliation confidential?

Conciliation is a 'confidential' process in that the President will not consider information about what is said or done in conciliation if the complaint does not resolve and the President is required to make a decision about the complaint. This allows both sides to have an open and frank discussion.