(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.
Legal Commentary & Landmark Judgments: Section 67
Section 67 of the Arbitration and Conciliation Act, 1996 defines the role of the conciliator, mandating that the conciliator shall assist the parties in an independent and impartial manner to reach an amicable settlement of their dispute.
A conciliator cannot pronounce an award or dictate terms; if a conciliator attempts to force an involuntary settlement, remind them of their facilitative role under Section 67, or terminate proceedings under Section 76.