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Lesson 13 distinguishes **conciliation** from arbitration and mediation. Which proposition correctly captures the role of the conciliator?
A{'text': 'The conciliator is empowered to render a binding decision on the parties at the end of the proceedings under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force', 'label': 'A'}
B{'text': 'The conciliator tries to bring the disputants to agreement by lowering tensions, improving communications, interpreting issues, exploring potential solutions and bringing about a negotiated settlement; he is not empowered to render a decision', 'label': 'B'}
C{'text': 'The conciliator is empowered to issue arrest warrants against the parties at the end of the proceedings under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force', 'label': 'C'}
D{'text': 'The conciliator is empowered to attach the property of the parties at the end of the proceedings under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force', 'label': 'D'}
Answer & Solution
Correct answer: B. {'text': 'The conciliator tries to bring the disputants to agreement by lowering tensions, improving communications, interpreting issues, exploring potential solutions and bringing about a negotiated settlement; he is not empowered to render a decision', 'label': 'B'}
1. Lesson 13 describes conciliation as "an informal process" in which the conciliator (third party) tries to bring the disputants to agreement by lowering tensions, improving communications, interpreting issues, providing technical assistance, exploring potential solutions and bringing about a negotiated settlement.
2. Unlike an arbitrator, the conciliator is **not empowered to render a binding decision**.
3. He uses a variety of skills and techniques to help the parties reach the settlement.
4. The Act gives formal recognition to conciliation in Part III (Sections 61-81).
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 13 (Arbitration and Conciliation Act, 1996), pp. 314-333._
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