2162.Conciliation and Mediation

8/7/2019 2162.Conciliation and Mediation

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CONCILIATION & MEDIATION


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Mediation & Conciliation

Conciliation is limited to encouraging the

parties to discuss their differences and to help

them develop their own proposed solutions.

Mediation implies a stronger form of

intervention. The mediator may be permitted

to offer the parties proposals for settlement.


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Functions & Process of Mediation

Mediation is a process by which a third

party brings together the opposing groups,

not only to iron out the differencesbetween them but also to find an answer

to problems or specified proposals and

offer alternative suggestions.


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Contd.

Mediation is an attemptby an outsiderwho helps the parties in discord in theirnegotiations. A mediator is also known asa Confidential advisor or an Industrialdiplomat. He suggests solutions based onhis knowledge and experience, and if both

the parties have confidence in him thenthey may agree to accept.


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Contd.

Mediation contemplates affirmative and

positive action by a third party to bringabout a settlement of disputes.

A Mediator does not exercise anycompulsion; he cannot/should notundertake to decide what the parties do;

he may give various suggestions, butcertain evaluations & judgments must beleft to the parties to decide forthemselves.


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Kinds of Mediators

1. The eminent outsider

2. The non-governmental board

3. The board connected with some part of thegovernmental system of the country


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Important points for a successful

Mediation

1. Mediation can only work in a climate of

consent

2. Mediator must be an impartial and

unprejudiced person

3. Mediation should take place in a proper and

conducive setting


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CONCILIATION

It is a process by which representatives of

workers and employers are brought together

before a third person or a group of persons

with a view to persuading them to arrive at an

agreement by mutual discussion between

them


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CONCILIATOR

The conciliator is a neutral party, who without using any force,seeks to find some middle course for mutual agreementbetween the disputants so that the deadlock is brought to anend at the earliest possible moment and normal peacerestored.

He tries to bridge the gulf between the two contendingparties; and if he does not succeed, he tries to reduce thedifferences as far as possible, by tendering advice to them andworking out an amicable settlement.

He cannot suggest solutions but suggests alternative solutions


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Uniqueness of Conciliation

A unique and essential characteristic feature of the

conciliation process is its flexibility, informality and

simplicity

A conciliator generally does not follow the same

procedure in every case; in fact he makes

adjustments to his approach, strategy and technique

according to the circumstances of each dispute


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Role of a Conciliator

As a Discussion Leader

As a safety valve

As a Communication link

As an Innovator

As a Sounding board As a Protector

As a Fail-safe device


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Contd.

As a Stimulator

As an Advisor

As a Face Saver

As a Promoter of Collective bargaining


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Conciliation Machinery

Conciliation officer: Under sec 4 of the ID act

1947, if the govt. thinks fit the it may appoint

a conciliation officer for a specific area or even

for a specific industry; to mediate in, and

promote the settlement of industrial dispute.

The appointment can be either temporary or

permanent in nature


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Conciliation Machinery

Board of conciliation : under sec 5 of the ID act

1947, the govt. may also as the occasion arises,

appoint a Board of Conciliation, constituting a

chairman and two to four other members topromote the settlement of disputes.

The trade union party to the dispute may

recommend the names of its representatives; so can

the employers.


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CONCILIATION PROCEEDINGS

The conciliation officer has a special obligation wherethe disputes relate to a public utility service.

In such a case, the conciliation officer must hold the

conciliation proceedings in the prescribed manner

In the case of other industries his power isdiscretionary; i.e. he may do all such things as hethinks fit for the purpose of inducing the parties to

come to a fair and amicable settlement of thedisputes.


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Proceedings

In order to have a settlement, a meeting of

the reps of the parties; either jointly or

separately must be convened at theearliest.

If a settlement is arrived at during the

course of the conciliation proceedings, the

conciliation officer must send a report

together with a memorandum of

settlement signed by the parties to the

dispute, to the appropriate govt.


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Proceedings

A settlement brought about by the conciliation officer is anadministrative act and not a quasi-judicial act.

If a settlement is not reached, the conciliation officer

immediately sends a full report to the appropriategovt. containing facts about the steps taken by himand the probable reasons for failure; also detailingthe facts and circumstances of the dispute

The report of settlement or non-settlement has to

be submitted within 14 days of the commencementof the conciliation proceedings, or within suchshorter period as fixed by the appropriate govt.


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Quasi judicial

having a partly judicial character by

possession of the right to hold hearings on

and conduct investigations into disputed

claims and alleged infractions of rules and

regulations and to make decisions in the

general manner of courts


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Proceedings

A conciliation proceeding is not concluded and isdeemed pending till any one of the followingconditions is fulfilled:

a) Where a settlement is arrived at, a memorandum ofthe settlement is signed by the parties to the dispute.

b) Where no settlement is arrived at, the report of theconciliation officer is received by the appropriate

govt.c) A reference is made to the court of enquiry, Labour

court, tribunal or national tribunal during thependency of the conciliation proceedings


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Proceedings by the Board

The board has the powers of a civil courtregarding the foll matters;

a) It can enforce the attendance of anyoneand examine him on oath

b) It can compel a party to produce relevant

documents & material objectsc) It can issue a commission forexamination of the witnesses


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Proceedings by the Board

The enquiry or investigation by the board isregarded as a judicial proceeding.

The board endeavors to bring about asettlement between the parties

In the event of settlement or non-settlement

the board has to submit the report within 2months of the date on which the dispute wasreferred to it, or such shorter time as may befixed by the appropriate govt.

Documents

2162.Conciliation and Mediation