JUPITICE’S self-administered processes through its Online Mediation Platform allow parties to conduct conciliation without the help of an administering body. However, given the varying nature of complex commercial disputes, there may be some situations in which limited administration may be needed for a given type of case or case load. JUPITICE offers assistance with the most critical element in the proceeding – the challenge of selecting the best neutral with the right set of skills. Choosing the wrong neutral can adversely affect the outcome of the dispute, which, in turn, can have a long-term impact on business relationships and the bottom line. Selecting the right neutral is critical and should not be left to chance.

By merging the flexibility of a self-administered resolution process with occasional administrative support, the assisted resolution approach offers parties the best of both worlds.

Conciliation is another dispute resolution process that involves building a positive relationship between the parties of dispute; however, it is fundamentally different than mediation and arbitration in several respects. Conciliation tries to individualize the optimal solution and direct parties towards a satisfactory common agreement. Although this sounds strikingly similar to mediation, there are important differences between the two methods of dispute resolution. In conciliation, the conciliator plays a relatively direct role in the actual resolution of a dispute and even advises the parties on certain solutions by making proposals for settlement. In conciliation, the neutral is usually seen as an authority figure that is responsible for the figuring out the best solution for the parties. The conciliator, not the parties, often develops and proposes the terms of settlement. The parties come to the conciliator seeking guidance and the parties make decisions about proposals made by conciliators. In this regard, the role of a conciliator is distinct from the role of a mediator.

Conciliation is a voluntary proceeding, where the parties involved are free to agree and attempt to resolve their dispute by conciliation. The process is flexible, allowing parties to define the time, structure and content of the conciliation proceedings. This method provides the disputing parties with an opportunity to explore options aided by an objective third party to exhaustively determine if a settlement is possible.

In India, the conciliation is governed by the Arbitration and Conciliation Act 1996. Under which, any settlement agreement reached under conciliation shall have the same status and effect as if it is an arbitral award on the agreed terms.