Conciliation

Two neighbouring shop owners in a Vashi market complex fall out over a shared shutter and a rent-sharing arrangement. Neither wants a court case that will run for years, and neither wants a judge picking a winner. They would like a sensible third person to hear both sides, float a fair deal and let them shake hands. That is conciliation, and Part III of the Arbitration and Conciliation Act 1996 (ss.61–81) gives it a complete procedure and, more importantly, gives the signed deal the force of an arbitral award.

In two minutes

Conciliation under Part III of the 1996 Act is a voluntary, confidential process in which an independent conciliator helps parties reach a settlement, and a signed settlement agreement has the status of an arbitral award on agreed terms (ss.73–74).

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Practical Training – II: Alternate Dispute Resolution on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.