The primary difference between an arbitrator and a conciliator lies in their authority and the nature of the process. While an arbitrator acts like a private judge who imposes a binding decision, a conciliator acts as a facilitator who helps parties reach their own voluntary agreement.
Both roles are governed by the Arbitration and Conciliation Act, 1996, but they operate under different parts of the Act and have distinct legal implications.
Major Differences at a Glance
| Feature | Arbitrator | Conciliator |
| Role | Adjudicator (Judge-like) | Facilitator (Advisory) |
| Outcome | Arbitral Award | Settlement Agreement |
| Binding Force | Binding and enforceable as a court decree (Section 36). | Only binding if both parties sign the agreement (Section 73). |
| Discussions | Generally prohibited from private one-on-one meetings (ex parte). | Encouraged to have separate or joint meetings with parties (Section 69). |
| Authority | Can impose a decision based on evidence and law. | Cannot impose a decision; can only suggest potential solutions (Section 67). |
| Governing Law | Part I of the 1996 Act. | Part III of the 1996 Act. |
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