Conciliation is an informal and confidential process in
which a neutral person, the conciliator, helps you and the other party find a
satisfactory solution to your dispute. industrial dispute between management
and its employees in order to bring them together to resolve their differences
is termed mediation or conciliation. The conciliation process is similar to ADR
of mediation and negotiation between the Commission and the people involved. The
conciliator may ask both the parties to give him a brief about the dispute, the
conduct of the conciliator shall be free and he will be free to make his
decision. Conciliation is a type of ADR where the settlement is made out of
court.
In 2006, Government of Bangladesh enacted Bangladesh Labour
Act 2006 to settle industrial disputes and to promote industrial peace and
establish a harmonious and cordial relationship between labour and capital.
Section 33 of The
Labour Act 2006 prescribes the procedure for filing of a complaint by a worker.
Section 33 was intended by the Parliament to allow the parties to resolve the
matter amicably, before filing the dispute to the court.
Appointment of a Conciliator:
A neutral third party, known as a conciliator, is appointed
to facilitate the conciliation process. The conciliator is usually an
experienced individual with knowledge of labor laws and labor relations. They
should be impartial and not favor one side over the other.
Mediation and Communication:
The conciliator meets with the parties separately or
together to facilitate discussions. During these meetings, they encourage open
communication and help the parties express their concerns, interests, and
proposals. The conciliator may suggest potential solutions and work to find
common ground.
Negotiation:
The parties engage in negotiations with the assistance of
the conciliator. The conciliator may help them explore possible compromises,
alternative solutions, and options to resolve the dispute. If an agreement is
reached, the dispute is resolved, and the parties are expected to adhere to the
terms of the settlement. If no agreement is reached, the parties may choose to
pursue other dispute resolution methods, such as arbitration or litigation. Conciliation
is a valuable tool in labor law as it allows parties to have greater control
over the resolution of their disputes and can help maintain working
relationships. It is often used in conjunction with other labor dispute
resolution mechanisms, such as arbitration or litigation process.