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Mumbai University · Second Year LLB · Semester 3
What is the basic difference between Mediation and Conciliation?
What is the basic difference between Mediation and Conciliation?
Q1Answer in one or two sentencesAttempt any 6 out of 8 · 2 marks each · Total: 12 marks2024
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.