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In litigation conciliation is well known as compromise settlement. Number of disputes are settled before adjudication in the courts by the parties with efforts of the judges and compromise decisions are recorded which bind the parties. 

               In Lok Adalat voluntary efforts are aimed at bringing about settlement of disputes between the parties through conciliatory and persuasive efforts, and provide speedy and inexpensive justice. Members of Lok Adalat act as conciliators. Lok Adalats are organised with financial assistance by the Govt. and monitored by the judiciary. Lok Adalats are very successful in cases relating to motor accidents, land acquisitions. Family disputes, mutation of land, encroachments on various land, bank loans, workmanship compensation and compoundable criminal offences.  Conciliation process has been set in motion by Lok Adalat.

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     Conciliation can be applied with or without a lawyer. It reduces workload of the courts. It permits parties to choose lawyers who are specialised in the subject matter of the dispute.  A lawyer is helpful in conciliation and has following role -

a)   Identification of contentious issues.

b)   Ex-position of strong and week points in a case.

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ADR Techniques  such as conciliation, negotiation  and mini trials  have the benefit of less time and  less  cost but there is  no assurance  that there will result in a settlement of disputes as  these  are non binding and voluntary  modes. These techniques bring the parties together but the settlement is not compulsory. Any party may walk out of such proceedings at any time or may not agree even to a very fair settlement. It happens many times that for the respondent, it is a case of either total liability or no liability and to avoid liability he may refuse even a fair settlement.

(a)  Parties control process and outcome:

               In litigation and arbitration one party wins and other loose. But in conciliation both parties may be winners as decision is acceptable to both.  Both parties have control on the decision in conciliation and until both parties agree to a proposal, the settlement agreement does not take place. The parties have control on the process of conciliation and they can choose the rules for conciliation as per their choice. The conciliation proceedings can be terminated by a written declaration of a party to the other party and the conciliator to the effect that the conciliation proceedings are terminated.  It is a non-binding process and any party may walk out from conciliation proceeding at any time.  This is unlike arbitration and litigation where decision can be made even if a party walks out.

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     Conciliation, also known as mediation, is a non-binding procedure in which a neutral intermediary, the conciliator, assists the parties to a dispute to understand their respective positions and interests in relation to the dispute with a view to their agreeing voluntarily on a settlement of the dispute. The participants in the conciliation enjoy very considerable autonomy to agree amongst themselves the procedures that are to be followed.  A number of its practices are encompassed within the term conciliation.

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          Indian courts carry a burden almost beyond their apparent capacity and judicial system is on the verge of collapse. The cases drag and continue to drag on for many years.  The courts  are flooded with litigation and cases are filed  for every conceivable relief. Four centuries ago  Gresham, the economist of Queen Elizabeth, propounded the famous maxim which is known as Gresham’s Law- “Bad coins drive good ones out of circulation. Law  of  litigation is equally sound – “Bad cases drive out good ones and prevent their being  heard in  time.

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