What is the Difference Between Conciliation and Mediation?

Conciliation and mediation are both alternative dispute resolution methods that aim to help parties resolve their differences without going to court. However, there are some differences between the two processes:

1. Role of the Third Party: In mediation, the mediator acts as a facilitator, helping the parties reach an agreement. In conciliation, the conciliator plays a more active role, offering opinions and suggestions to help the parties resolve their dispute.
2. Regulation: Mediators are regulated by the Code of Civil Procedure, 1908, while conciliators are regulated by the Arbitration and Conciliation Act, 1996.
3. Outcome: Mediation aims to reach an agreement between parties, which is enforceable by law. Conciliation aims to reach a settlement agreement, which is executable as a decree of a civil court.
4. Scope of Application: Mediation is generally more informal than conciliation. In some contexts, such as ICSID, there are significant differences between the scope of application of conciliation and mediation.
5. Number of Mediators/Conciliators: In mediation, there is typically one or two mediators, while conciliation may involve a larger number of conciliators, depending on the context.
6. Confidentiality: Confidentiality is important in mediation, while confidentiality in conciliation may be governed by law.

In summary, while both mediation and conciliation are alternative dispute resolution methods, they differ in their approach, regulation, outcome, scope of application, and the number of mediators or conciliators involved.

Comparative Table: Conciliation vs Mediation

Here is a table comparing the differences between conciliation and mediation:

Both conciliation and mediation are forms of alternative dispute resolution, aiming to help parties find a solution to their disputes without going to court. However, there are differences in the roles played by the third party, the laws governing the processes, and the enforceability of the outcomes. In mediation, the mediator acts as a facilitator, helping parties reach an agreement, while in conciliation, the conciliator acts as a facilitator, evaluator, and intervener, providing probable solutions to the parties to settle disputes.