Role, Duties & Qualities of a Conciliator

Landmark Case: Haresh Dayaram Thakur v. State of Maharashtra (2000) 6 SCC 179 — The conciliator’s role is to assist parties to arrive at a settlement; he cannot impose any decision. A settlement under Section 73 has the same status as an arbitral award on agreed terms.

Role of the Conciliator — Section 67

Section 67(1): The conciliator shall assist the parties in an independent and impartial manner.

Section 67(2): Guided by principles of objectivity, fairness and justice, giving consideration to the rights and obligations of parties, trade usages, and circumstances of the dispute.

Section 67(3): The conciliator may conduct proceedings in the manner he considers appropriate, taking into account the wishes of the parties.

Section 67(4): At any stage, the conciliator may make proposals for a settlement. These need not be in writing and need not be accompanied by reasons.

In Simple Terms

• A neutral helper — not a judge.
• Can decide the procedure flexibly.
• Can suggest settlement terms — orally or in writing.
• Not bound by CPC or Evidence Act (Section 66).

Duties of the Conciliator

Section 75 — Confidentiality

The conciliator and the parties must not disclose to any third party any information relating to the conciliation proceedings. This is absolute.

Section 77 — Bar on Other Proceedings

During conciliation, a party shall not initiate arbitral or judicial proceedings on the same dispute.

Qualities of a Conciliator

• Neutrality and impartiality.
• Integrity.
• Patience and empathy.
• Active listener.
• Persuasive communicator.
• Knowledge of the subject matter.
• Creative thinker — find win-win options.
• Cultural sensitivity.
• Time discipline.
• Confidentiality discipline (Section 70 + Section 75).

Powers of the Conciliator

• To conduct joint sessions and caucus (private) sessions (Section 69).
• To suggest settlement terms (Section 67(4), Section 73(1)).
• To call for documents from parties (Section 65).
• To engage administrative assistance (Section 68).
• To communicate separately with each party (Section 69(2)).

Appointment of Conciliators — Sections 63–64

• Section 63: Default — one conciliator; parties may agree on two or three.
• Section 64(1)(a): For single conciliator, parties agree on the name.
• Section 64(1)(b): Two conciliators — each party appoints one.
• Section 64(1)(c): Three conciliators — each party appoints one; both together appoint the third (presiding) conciliator.
• Section 64(2): Parties may take help of an institution for appointment.

Frequently Tested Exam Problems