• What is conciliation
  • Student
  • the Company Secretaries Act, 1980(Act No

[3] The Act is divided into 4 parts, viz., Arbitration, Enforcement of Foreign Awards, Conciliation Proceedings and Supplementary provisions.

Arbitration and Conciliation Act - Nigeria-Law

Arbitration and Conciliation Act

Nov 14, 2013 · Differences in role of an arbitrator and mediator
Photo provided by Flickr
One of the key elements of understanding conciliation in the Australian context is its inter-relationship with the subsequent arbitration or determination process that follows. In most conciliation schemes the historic experience is that the effectiveness of conciliation diminishes over time as the parties and their legal representatives become more and more focussed on the determination of rights rather than the negotiation of rights and interests by conciliation. How legislatures and regulators respond to this drift is reflected in the diversity of conciliation practice that has resulted. In some jurisdictions conciliators are given more powers to conclude matters that do not resolve initially by agreement. For example, in the Victorian workers’ compensation scheme Conciliation Officers can direct that payments be made by the insurer if the Conciliation is satisfied there is no arguable case for the decision made by the insurer. In other schemes conciliation remains a more preliminary, sometimes perfunctory, process with no explicit powers beyond facilitated negotiations to conclude matters.

National Conciliation and Mediation Board

ACAS: How to resolve an industrial dispute The Advisory, Conciliation and Arbitration Service (ACAS) is often used to help find a solution to a dispute which is acceptable to both sides. ACAS’s main role is in helping to find a solution in industrial disputes
Photo provided by Flickr
South African economists in the 1980s described the national economy as a free-enterprise system in which the market, not the government, set most wages and prices. The reality was that the government played a major role in almost every facet of the economy, including production, consumption, and regulation. In fact, Soviet economists in the late 1980s noted that the state-owned portion of South Africa's industrial sector was greater than that in any country outside the communist bloc. The South African government owned and managed almost 40 percent of all wealth-producing assets, including iron and steel works, weapons manufacturing facilities, and energy-producing resources. Government-owned corporations and parastatals were also vital to the services sector. Marketing boards and tariff regulations intervened to influence consumer prices. Finally, a wide variety of laws governed economic activities at all levels based on race.

 

Workplace and Employment Relations Research Papers | Acas

In South Africa the mechanisms offered for dispute resolution in the previous LRA, namely: Conciliation Boards and the Industrial Court lacked credibility with the State's social partners, organized business and organized labour and resulted in a very low settlement rate of disputes.
Photo provided by Flickr
Conciliators attempt to create symmetry through judicious use of their own partiality, rather than the exercise of impartiality. They can play this role because the system explicitly or implicitly asks them to: their assigned status continues so long as they act in congruence with the values and goals of the system. However, these values and goals are not always clearly articulated or prioritised by law and so conciliation practice is a balancing act that risks becoming idiosyncratic and inconsistently applied.

Mediation, conciliation and arbitration There are several ways to sort out problems in the workplace without going to court or an Industrial Tribunal, including mediation, conciliation and arbitration.
Photo provided by Flickr
The term “conciliation” in Australia derives from the industrial relations field. In an effort to prevent and resolve disputes between management and employees (and their representative bodies) which had seen major industrial defeats in the 1890s for trade unions to negotiate terms and conditions of employment with employers, the Constitution and then the Commonwealth Conciliation and Arbitration Act 1904 sought to substitute conciliation (with arbitration in the background) for the “rude and barbarous processes of strike and lockout”.


Employee’s Rights | Industrial Harmony Library

Conciliation and arbitration became compulsory support mechanisms for industrial regulation in Australia and, unlike in other international contexts where the term “conciliation” is often used interchangeably with “mediation”, conciliation came to be understood as a preliminary, short-sharp, directive dispute resolution process within a jurisdictional or statutory context, and preparatory to an arbitrated or adjudicative determination. Its use spread from industrial relations to other jurisdictions where it has become institutionalised often as a compulsory process: for example, family law, anti-discrimination, workers’ compensation, retail tenancy, health complaints and various courts and tribunals.

Search and apply for opportunities within the Civil Service.

In the 1982 Amendment to the Trade Union Act, the role of trade unions was defined as promoting good industrial relations between workers and employers; improving working conditions; and improving productivity for the mutual benefit of workers, employers, and the country.

South Africa - Role of the Government in the Economy

A further contextual factor in conciliation in Australia has been the adoption of facilitative mediation in the development of the accreditation of dispute resolution professionals. The NMAS standards did not make a clear distinction between the profession of mediator and conciliator but instead provided for a form of self-definition by practitioners. Conciliation has thus come to be defined with reference to the facilitative paradigm and so it is often described as a “blended” or ”hybrid” process, rather than a practice with a discrete philosophical and practice basis. Given that tens of thousands of conciliation meetings take place each year in Australia and that many (hybrid) forms of mediation practice have also developed to meet market needs or even legislated for in law, the current status of conciliation is an under-recognition of the significance and impact of conciliation in the administration of justice in public agencies, courts and tribunals. It also misrepresents the blurring of conciliation and mediation in practice.