2162.conciliation and mediation
TRANSCRIPT
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CONCILIATION & MEDIATION
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Mediation & Conciliation
Conciliation is limited to encouraging the
parties to discuss their differences and to help
them develop their own proposed solutions.
Mediation implies a stronger form of
intervention. The mediator may be permitted
to offer the parties proposals for settlement.
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Functions & Process of Mediation
Mediation is a process by which a third
party brings together the opposing groups,
not only to iron out the differencesbetween them but also to find an answer
to problems or specified proposals and
offer alternative suggestions.
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Contd.
Mediation is an attemptby an outsiderwho helps the parties in discord in theirnegotiations. A mediator is also known asa Confidential advisor or an Industrialdiplomat. He suggests solutions based onhis knowledge and experience, and if both
the parties have confidence in him thenthey may agree to accept.
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Contd.
Mediation contemplates affirmative and
positive action by a third party to bringabout a settlement of disputes.
A Mediator does not exercise anycompulsion; he cannot/should notundertake to decide what the parties do;
he may give various suggestions, butcertain evaluations & judgments must beleft to the parties to decide forthemselves.
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Kinds of Mediators
1. The eminent outsider
2. The non-governmental board
3. The board connected with some part of thegovernmental system of the country
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Important points for a successful
Mediation
1. Mediation can only work in a climate of
consent
2. Mediator must be an impartial and
unprejudiced person
3. Mediation should take place in a proper and
conducive setting
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CONCILIATION
It is a process by which representatives of
workers and employers are brought together
before a third person or a group of persons
with a view to persuading them to arrive at an
agreement by mutual discussion between
them
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CONCILIATOR
The conciliator is a neutral party, who without using any force,seeks to find some middle course for mutual agreementbetween the disputants so that the deadlock is brought to anend at the earliest possible moment and normal peacerestored.
He tries to bridge the gulf between the two contendingparties; and if he does not succeed, he tries to reduce thedifferences as far as possible, by tendering advice to them andworking out an amicable settlement.
He cannot suggest solutions but suggests alternative solutions
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Uniqueness of Conciliation
A unique and essential characteristic feature of the
conciliation process is its flexibility, informality and
simplicity
A conciliator generally does not follow the same
procedure in every case; in fact he makes
adjustments to his approach, strategy and technique
according to the circumstances of each dispute
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Role of a Conciliator
As a Discussion Leader
As a safety valve
As a Communication link
As an Innovator
As a Sounding board As a Protector
As a Fail-safe device
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Contd.
As a Stimulator
As an Advisor
As a Face Saver
As a Promoter of Collective bargaining
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Conciliation Machinery
Conciliation officer: Under sec 4 of the ID act
1947, if the govt. thinks fit the it may appoint
a conciliation officer for a specific area or even
for a specific industry; to mediate in, and
promote the settlement of industrial dispute.
The appointment can be either temporary or
permanent in nature
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Conciliation Machinery
Board of conciliation : under sec 5 of the ID act
1947, the govt. may also as the occasion arises,
appoint a Board of Conciliation, constituting a
chairman and two to four other members topromote the settlement of disputes.
The trade union party to the dispute may
recommend the names of its representatives; so can
the employers.
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CONCILIATION PROCEEDINGS
The conciliation officer has a special obligation wherethe disputes relate to a public utility service.
In such a case, the conciliation officer must hold the
conciliation proceedings in the prescribed manner
In the case of other industries his power isdiscretionary; i.e. he may do all such things as hethinks fit for the purpose of inducing the parties to
come to a fair and amicable settlement of thedisputes.
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Proceedings
In order to have a settlement, a meeting of
the reps of the parties; either jointly or
separately must be convened at theearliest.
If a settlement is arrived at during the
course of the conciliation proceedings, the
conciliation officer must send a report
together with a memorandum of
settlement signed by the parties to the
dispute, to the appropriate govt.
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Proceedings
A settlement brought about by the conciliation officer is anadministrative act and not a quasi-judicial act.
If a settlement is not reached, the conciliation officer
immediately sends a full report to the appropriategovt. containing facts about the steps taken by himand the probable reasons for failure; also detailingthe facts and circumstances of the dispute
The report of settlement or non-settlement has to
be submitted within 14 days of the commencementof the conciliation proceedings, or within suchshorter period as fixed by the appropriate govt.
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Quasi judicial
having a partly judicial character by
possession of the right to hold hearings on
and conduct investigations into disputed
claims and alleged infractions of rules and
regulations and to make decisions in the
general manner of courts
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Proceedings
A conciliation proceeding is not concluded and isdeemed pending till any one of the followingconditions is fulfilled:
a) Where a settlement is arrived at, a memorandum ofthe settlement is signed by the parties to the dispute.
b) Where no settlement is arrived at, the report of theconciliation officer is received by the appropriate
govt.c) A reference is made to the court of enquiry, Labour
court, tribunal or national tribunal during thependency of the conciliation proceedings
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Proceedings by the Board
The board has the powers of a civil courtregarding the foll matters;
a) It can enforce the attendance of anyoneand examine him on oath
b) It can compel a party to produce relevant
documents & material objectsc) It can issue a commission forexamination of the witnesses
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Proceedings by the Board
The enquiry or investigation by the board isregarded as a judicial proceeding.
The board endeavors to bring about asettlement between the parties
In the event of settlement or non-settlement
the board has to submit the report within 2months of the date on which the dispute wasreferred to it, or such shorter time as may befixed by the appropriate govt.