Mediation vs. Conciliation: How Do They Differ in Resolving Disputes?

Difference between Mediation and Conciliation

Mediation and conciliation are both forms of alternative dispute resolution (ADR) that involve a neutral third party assisting parties in resolving their conflicts. Despite their similarities, there are key differences between mediation and conciliation.

Mediation is a voluntary and informal process where a mediator facilitates communication between parties to help them reach a mutually acceptable agreement. The mediator does not impose a solution but rather assists the parties in finding a resolution that satisfies everyone involved.

Conciliation, on the other hand, is a more formal process where a conciliator actively proposes solutions and suggests compromises to help parties reach an agreement. Unlike in mediation, the conciliator takes a more active role in guiding the parties towards a resolution.

In conclusion, while both mediation and conciliation aim to resolve disputes amicably, they differ in their level of formality and the role of the neutral third party. Understanding these distinctions can help parties choose the most suitable method for resolving their conflicts effectively.

Organized sectors are industries that are covered by various legislations, such as factories, shops, banks, and institutions.

On the other hand, the unorganized sector consists of employees who work without any registration requirements, including agriculture, domestic servants, and coolies.

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The main difference between both is that in Mediation, the mediator's job is just to facilitate the parties and not to take an active part in the dispute resolution. He can't even suggest the common ground out of his own to the parties, but his job is to provide a healthy and friendly environment for the parties to reach a common ground.

However, in Conciliation, the conciliator most of the time used to be an expert, and he takes an active participation in the matter and can give opinions and suggestions to the respective parties, helping them to reach a common ground.

Though both lack binding authority in them.

Conciliation is done as per the Industrial Disputes Act of 1947. What about mediation? Does it have any legal backing? I would be glad to know more about it to update. I am interested in learning about conciliation, arbitration, and adjudication.