Q1(c)2 MarksWhat is the basic difference between Mediation and Conciliation?
Both are consensual ADR methods, but they differ in the role of the neutral third party:
- Mediation — the mediator is purely a facilitator. He assists the parties in reaching their own settlement but does not suggest the terms. Governed by the Mediation Act, 2023 in India.
- Conciliation — the conciliator plays a more active, evaluative role. He may propose terms of settlement to the parties under Sections 61–81 of the Arbitration & Conciliation Act, 1996.
Hence: mediation is facilitative; conciliation is evaluative/advisory.
