How to become a Conciliator

Conciliation is an Alternative Dispute Resolution, ADR process for amicable settlement of disputes

Conciliation is an option out-of-court dispute resolution instrument whereby the parties to a dispute use a conciliator, who meets with the parties both separately and together in an attempt to resolve their differences. It is governed by Part III Sections 61 to 81 of The Arbitration and Conciliation Act, 1996. 

Part III Sections 61 to 81 of The Arbitration and Conciliation Act, 1996 governs Conciliation

Section 64 of the Arbitration and Conciliation Act, 1996 provides that Parties to a dispute are free to appoint any Person as Conciliator.

When the invitation to the conciliation is accepted by the other party, the parties have to agree on the composition of the conciliation tribunal. In the absence of any agreement to the contrary, there shall be only one sole Conciliator. 

In case parties wish to have a panel of Two Conciliators, they may appoint one Conciliator each.

In Conciliation proceedings with three Conciliators, each party may appoint one Conciliator and the parties may agree on the name of the Third Conciliator who shall act as the Presiding Conciliator.

The parties to the dispute may instead of appointing the Conciliator themselves may enlist the assistance of an institution or person of their choice for appointment of Conciliators. But the institution or the person should keep in view during appointment that, the Conciliator is independent and impartial.

Qualifications needed for becoming a Conciliator in India

Although the Law is silent on the qualifications of Conciliators, but in order to become a Conciliator the Person shall:

• be of major age;
• be of sound mind 
• bear High moral character;
• have recognized competence in the fields of Law, Commerce or Finance; 
• have a prooven track record of public morality and carry high integrity;
• not have any conflict of interest;
• be proficient in language which parties can speak and understand;
• have some experience in ADR methodologies; and
• have the capacity to carryout Conciliation in an independent and impartial manner without any fear or favour.

There is no nationality precondition in Conciliation cases.

Qualities for becoming a successful Conciliator

Some qualities a Person need to inculcate in oneself to become a successful Conciliator are-

• Objective
• Compassion
• Qualified
• Experience
• Understanding
• Counsellor
• Patience
• Temperament
• Impartiality
• Licensing
• Trustworthy
• Punctuality
• Optimistic

IDRC Conciliation Rules

As per IDRC Conciliation Rules, Conciliator can be appointed by the parties themselves of their own choice with consensus i.e. both should agree upon the appointment of the Conciliator. IDRC has a Panel of Conciliators with rich experience in varied fields.