What is the difference between Mediation and Conciliation

Difference between Mediation and Conciliation

'Mediation' and 'Conciliation' are both considered as the same given the striking similarities between them. Both Mediation and Conciliation are carried out by a neutral third person helping the parties to communicate, evaluate and understand each other's viewpoint, and agree to a settlement.

What distinguishes Mediation from Conciliation

• Mediation is a structured process of negotiation. In Mediation, the whole process is controled by the Mediator through different and specific stages: introduction, joint session, caucus and agreement, while the outcome is controled by the parties.
• Conciliator on the other hand, may not follow any structured negoation process. The conciliator may carry out the process of conciliation as a traditional negotiation, which may take different forms on need basis.
• The key differences between Mediation and Conciliation are essentially of degree of involvement of the Neutral person rather than of kind. 
• Mediation is governed by Civil Procedure Code, 1908. Conversely, Arbitration and Conciliation Act, 1996 regulates Conciliation.

Confidentiality in Mediation and Conciliation

• Both mediation and conciliation are premised on confidentiality. However, in mediation, confidentiality relies on the trust and in conciliation, the law determines the extent of confidentiality.
• The contract of agreement between the parties under mediation is enforceable by law. On the contrary, the settlement agreement between the parties is binding upon parties like an arbitral award.
• Conciliator can give suggestions and advice on the issue for resolving the dispute between the parties, as a domain expert. Mediator on the other hand only facilitates communication and develop understanding. Mediator on the contrary plays no advisory role.

Role of Mediator and Conciliator

• Under Indian Law and the UNCITRAL model, the role of the mediator is not pro-active and is somewhat less than the role of a ‘Conciliator’. But under Part III of the Arbitration and Conciliation Act, the ’Conciliator’s powers are larger than those of a ‘Mediator’ as he can suggest proposals for settlement.
• The ‘Conciliator’ can devise and make proposals for settlement, ‘formulate’ or ‘reformulate’ the terms of a possible settlement while a ‘Mediator’ in turn cannot do so but would merely facilitate a settlement between the parties.