Conciliator

**In plain language.** A conciliator is like a mediator who is willing to say what they think the deal should be. A mediator helps you find your own answer; a conciliator may put an answer on the table. **The legal meaning.** Part III of the Arbitration and Conciliation Act, 1996 governs conciliation at Sections 61 to 81. The conciliator is appointed by the parties, with a default procedure where they cannot agree. The conciliator may conduct proceedings as they think appropriate and may formulate and reformulate proposals for settlement. A settlement agreement signed by the parties and authenticated by the conciliator has the status of an arbitral award on agreed terms under Section 74 — directly enforceable. **A practical example.** In an MSME payment dispute referred to a Facilitation Council under the MSMED Act, 2006, the conciliator reviews the invoices and delivery records and proposes a repayment schedule with a specified interest component. The parties accept it with one modification, and it is signed. **How the roles differ.** A mediator facilitates and does not decide or propose outcomes. A conciliator may propose terms but cannot impose them. An arbitrator hears both sides and imposes a binding award. All three are neutrals; what varies is how directive they are. **Confidentiality.** Sections 75 and 76 of the Act protect conciliation communications, and the conciliator cannot be called as a witness in later proceedings about the same dispute.