Who can become an Conciliator

Conciliation is governed by Part III Sections 61 to 81 of The Arbitration and Conciliation Act, 1996. 

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.

Although the Law is silent on the qualifications of Conciliators, but person appointed as a Conciliator shall:

• be major in 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.

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.

Principles governing Conciliation includes-
 

1) Confidentiality [Section 70]-
The Conciliator and the parties are bound in Law to maintain confidentiality in all matters relating to Conciliation process. Any information received by the Conciliator shall be kept confidential and the Conciliator should not disclose that information to the other party unless specific consent is obtained.

2) Independence and impartiality [Section 67(1)]-
Conciliator shall function in an independent and impartial manner. He/she shall assist the parties in a manner which is without any fear or favourvwhile attempt is made to reach an amicable settlement of their dispute.

3) Fairness and justice[Section 67(2)]-
Conciliator shall be guided by the principles of neutrality, fairness and justice. He should take into consideration, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the parties.

4) Disclosure of the information[Section 70]-
Any information received by the Conciliator about any fact relating to the dispute from a party, he should disclose the substance of that information to the other party without consent.

5) Co-operation of the parties with Conciliator [S. 71]-
The disputing parties shall in good faith fully cooperate with the Conciliator. Parties should submit the written materials , provide evidence and attend meetings when the conciliator requests them for this purpose.