What Are The Main Differences Between Mediation And Conciliation

Differences Between Mediation And Conciliation

  Mediation

   An impartial third party, the mediator, assists the parties in resolving their conflict in a way that is mutually agreeable. Any settlement is documented in a binding contract.

   Experience has shown that settlements are frequently reached in intellectual property lawsuits. The parties' relationship can be preserved and occasionally even improved through the efficient and affordable process of mediation.

  Conciliation

   Conciliation is a voluntary process in which the parties are free to decide to try and settle their disagreement through conciliation. The method is adaptable and enables parties to specify the length, format, and substance of the conciliation processes. Rarely are these procedures made public. They are founded on interests because the conciliator will consider the parties' economic, financial, and/or personal interests in addition to their legal positions when suggesting a solution.

  Differences

There are certain difference between them

  1. Meaning

Mediation

   A third person helps the parties in the mediation process to reach a resolution to their disagreements.

Conciliation

   Conciliation is an alternative dispute resolution process where a neutral third party is brought in to help the parties come to a conclusion.

2. Basic Element

Mediation

Confidentiality is reliant on mutual confidence

Conciliation

Confidentiality, the scope of which is regulated by legislation.

3. Regulated By

Mediation

Code of Civil Procedure 1908

Conciliation

Arbitration And conciliation Act 1996

4. Result

Mediation

Agreement between parties

Conciliation

Settlement agreement