9. Difference between mediation and conciliation

Difference between mediation and conciliation:

Conciliation and mediation more and less are same but conciliation is not that much evolved in our country, court give preference to Lok Adalat and mediation centre. These two terms have many similarities but still there are some differences.

Meaning of mediation: mediation is a form of alternative dispute resolution where dispute is settle outside the court. Mediation is a process in which mutual party assisted negotiation. There are two types of mediation private mediation and court referred mediation. The outcome in the mediation process was in the hands the parties.

Meaning of conciliation: conciliation is a form of alternative dispute resolution method, it is the process of settlement of dispute without litigation, it is a informal process. Both the disputed party appoint conciliator to resolve their dispute and conciliator try to settle the dispute. Appointment of conciliator given in section 64 of arbitration and conciliation act,1996. There is nothing like odd and even number of conciliator. Conciliator is always Independent and impartial, conciliator must follow three principles in the following are: justice, objectivity, fairness. Procedure of conciliation given in Section 62 of arbitration and conciliation act 1996.

Difference between Mediation and Conciliation: 

• 1.Mediation it is the process of resolving issues between party where third party assist them in resolving dispute,while in conciliation method in which an expert is appointed to settle dispute between the parties.
• 2. Mediation mainly refer to code of civil procedure 1908 while, conciliation refers to arbitration and conciliation act 1996.
• 3 confidentiality That depends on trust in mediation, while confidentiality those extent by law.
• 4. Mediator and act as facilitator,while while conciliator act as facilitator and evaluator 
• 5. In mediation there is an agreement between the parties. But in conciliation there is a settlement agreement between the party.
• 6 mediation is enforceable by law,while it is executable as decree of Civil Court.