Arbitration and Conciliation Act Section 67 — Role of conciliator

CHAPTER II

Civil

Summary

Sub-section (1) states that the conciliator must help the parties in an independent and impartial manner as they try to reach an amicable settlement of their dispute.

Sub-section (2) says the conciliator must be guided by principles of objectivity, fairness and justice. In doing so, the conciliator should consider, among other things, the rights and obligations of the parties, the usages of the trade concerned, and the circumstances surrounding the dispute, including any previous business practices between the parties.

Sub-section (3) provides that the conciliator may conduct the conciliation proceedings in whatever manner he considers appropriate. In deciding how to proceed, the conciliator must take into account the circumstances of the case, the wishes the parties may express (including any request by a party that the conciliator hear oral statements), and the need for a speedy settlement of the dispute.

Sub-section (4) states that the conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons for them.

Official Text

(1) The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.

(2) The conciliator shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the parties.

(3) The conciliator may conduct the conciliation proceedings in such a manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a party that the conciliator hear oral statements, and the need for a speedy settlement of the dispute.

(4) The conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons therefor.