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Difference Between Arbitration and Conciliation

Arbitration and conciliation are alternative dispute resolution methods, but they differ in several key ways: 1. Arbitration involves a third party arbitrator who makes a binding decision based on evidence presented by both parties. Conciliation involves a third party conciliator who acts as a facilitator to encourage the parties to reach their own settlement agreement. 2. Arbitration requires a prior agreement between the parties to use arbitration, while conciliation can be used for existing disputes without prior agreement. 3. The arbitrator's decision is called an "award" while the conciliator may help draft a non-binding "settlement agreement" if the parties come to an agreement.

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Ashutosh Bagchi
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5K views

Difference Between Arbitration and Conciliation

Arbitration and conciliation are alternative dispute resolution methods, but they differ in several key ways: 1. Arbitration involves a third party arbitrator who makes a binding decision based on evidence presented by both parties. Conciliation involves a third party conciliator who acts as a facilitator to encourage the parties to reach their own settlement agreement. 2. Arbitration requires a prior agreement between the parties to use arbitration, while conciliation can be used for existing disputes without prior agreement. 3. The arbitrator's decision is called an "award" while the conciliator may help draft a non-binding "settlement agreement" if the parties come to an agreement.

Uploaded by

Ashutosh Bagchi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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DIFFERENCE BETWEEN ARBITRATION AND CONCILIATION

Sr. No. BASIS FOR ARBITRATION CONCILIATION


COMPARISON
1. Meaning Arbitration is a dispute Conciliation is an
settlement process in alternative dispute
which an impartial 3rd resolution method in which
party is appointed to study an expert is appointed to
the dispute and hear both settle the dispute by
the party to arrive at a persuading/ encouraging
decision binding on both parties to reach agreement.
parties.

2. Prior Required Not Required


Agreement
3. Available for Existing and Future Existing Disputes
Disputes

4. process Formal like Court room More like Informal process


process

5. Evidences Acceptable Technical evidences are not


acceptable

6. Third Party Acts as Judge Acts as facilitator, evaluator


and intervener

7. Opinion giving Actively give opinion on Conciliator has the power to


power of 3rd the basis of evidences give his opinion mainly on
submitted only facts
party
8. Powers of third More powerful Less powerful as compared
party to arbitrator

9. Result is Award Settlement agreement


known as
10. Role of 3rd Arbitrators find solution Conciliator can draft
party in on the basis of evidences settlement agreement as per
only. the wishes of parties.
providing
decision
11. Fees Very Expensive Less Expensive as compared
to Arbitration

12. No. of third Odd in number like 1,3,5, May be 1, 2 or 3


party 7, 9

13. Enforcement An arbitrator has the A conciliator do not have


power to enforce his the power to enforce his
decision. decision.

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