Title ADR Question No 4-A.pdf ✅

ALVI LAW ASSOCIATS 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ADR you can watch lecture of this question from here. https://youtube.com/playlist?list=PLXTPClsX2hdBTYAdNL1vmvQ RCjRDU49UY&si=QndPP2AC4nW_2EVm Question # 04 (A): Write a detail note on the concept of application and scope of conciliation, advantages of conciliation, and Role of conciliator in ADR proceeding? (This Question is from 3rd Topic of the Outline). 1. INTRODUCTION: One of the main approach to resolve the disputes under alternative dispute resolution is Conciliation. In the process of conciliation, the neutral third party (conciliator) intervene between the parties, involved in the conflicts and try to resolve the disputes between the parties amicably. 2. MEANING OF CONCILIATION:
According to Oxford Dictionary of law: “A procedure of peaceful settlement of disputes.” 3. DEFINITION OF CONCILIATION: Mediation is defined by the American Bar Association “Conciliation is a process in which a neutral person meets with the parties to a dispute and explores how the dispute might be resolved. The conciliator’s role is to improve communication, clarify issues, and help the parties reach an agreement.” 4. CONCEPT OF CONCILIATION: Conciliation is a process where a neutral third person, called a conciliator, helps parties resolve their disputes by meeting with them separately and together to suggest solutions and encourage agreement. ✓ Example: Two employees at a company, Maria and Wajeeh, have a disagreement over the division of responsibilities on a project. Maria feels that Wajeeh is not contributing enough, while Wajeeh believes he is being unfairly assigned more tasks. Instead of escalating the issue to their manager, they opt for conciliation. They meet with an HR representative who acts as a neutral conciliator. The HR representative listens to both Maria and Wajeeh, helping them to express their concerns and understand each other’s viewpoints. Through the conciliation process, Maria and Wajeeh agree to a more balanced division of responsibilities. They outline specific tasks for each of them and set up regular check-ins to ensure both are contributing fairly. This agreement helps them work together
more effectively without damaging their professional relationship. The HR representative doesn't impose a solution but facilitates a dialogue that leads to a mutually satisfactory arrangement. 5. APPLICATION AND SCOPE OF CONCILIATION: The application or the scope of conciliation can be discussed under following heads. • Workplace Disputes: Conciliation can help resolve conflicts between coworkers or between employees and management. It promotes open communication and mutual understanding, aiming to create a harmonious work environment. For example, if two employees disagree on project responsibilities, a conciliator can help them discuss their concerns and find a fair division of tasks. • Business Disagreements: Businesses often face disputes with customers, suppliers, or other businesses. Conciliation can be used to settle these disagreements without going to court. For instance, if a supplier fails to deliver goods on time, conciliation can help both parties agree on a new delivery schedule or compensation. • Family Issues: Conciliation is valuable in addressing family conflicts, such as divorce, child custody, or property distribution. It helps family members communicate better and find solutions that are in the best interest of everyone involved. For example, during a divorce, conciliation can help parents agree on a parenting plan that suits their children's needs. • Community Conflicts: Neighbors or community members may have disputes over issues like noise, property boundaries, or shared
resources. Conciliation helps them discuss their concerns and reach agreements that foster good neighborly relations. For instance, if two neighbors argue about a fence, conciliation can help them decide on a fair compromise, like sharing the cost of repairs. • Consumer Complaints: When customers have issues with products or services, conciliation can help resolve these complaints amicably. This is particularly useful for consumer protection agencies or customer service departments. For example, if a customer is unhappy with a faulty product, conciliation can help them negotiate a replacement or refund without legal action. • International Disputes: Conciliation can also be used in international conflicts, such as trade disputes between countries. International conciliators help nations communicate and negotiate solutions that avoid escalations or economic sanctions. For instance, if two countries disagree on trade tariffs, conciliation can facilitate discussions to find a mutually beneficial agreement. Each of these areas shows how conciliation can effectively address conflicts, promoting peaceful and cooperative resolutions. 6. CHARACTERISTICS OR ADVANTAGES OF CONCILIATION: Following are the key characteristics or advantages of the conciliation. • Cost-Effective: Conciliation is usually cheaper than going to court. It saves money on legal fees and court costs, making it an affordable option for resolving disputes. • Time-Saving: