INTRODUCTION

Good morning to one and all gathered here

Today we, the members of Team 13 are here to present a role play on conciliation.
Before we begin, I would love to give you all a basic idea about Conciliation and would also
like to explain our case and the roles played by our team members.
Conciliation means settling disputes without litigation. It is an informal process in which
conciliator i.e., third party tries to bring the disputants to agreement. Conciliator adopts his
own method to resolve the dispute and the steps taken by him are not strict and legal. The
acceptance of settlement is needed by both of the parties. Part III of the Arbitration and
Conciliation Act, 1996 deals with conciliation.
Now I would like to present the facts of our case.
There’s a trade union named Progressive Worker’s Union and they stand for the employees
of the textile industry. They moved a charter of demands to the Government consisting of
various matters related to their welfare. The government accepted their demands and after
contacting the representatives of major stakeholders of the textile market, formulated a policy
document. However, the government didn’t implement it. So, the Trade Union approached
the court with a request to enforce and implement the said policy document. The Court issued
a direction to the respondent government to convene an adequate, and appropriate platform to
discuss and to resolve this issue.
So, the ADR mechanism we have chosen is conciliation.
But why did we choose conciliation?
It is because the court has asked the government to convene an adequate platform to discuss
and solve the issue and we don’t really have a dispute here that needs a solution. So, among
the available ADR mechanisms, the best one to resolve the issues in the said case is
Conciliation.
Since it’s a matter related to employees of the textile industry the conciliator can be an officer
from the Labour Welfare Department.
The parties involved in the case are the trade union and the major stakeholders of the textile
industry. Now let’s see what happens in the sessions before the conciliator.
SCENE 1
The Conciliator convene a joint session the General Secretory and executive member of
Progressive Worker’s Forum and the President and vice president of Kerala Textile Shop
Owners Association.
CONCILIATOR 1
Good morning, I Lenna, and I am the Deputy Secretory, Labour Welfare Department,
Government of Kerala. My role is to help you resolve this dispute in a way that is acceptable
to both of you.
 KERALA TEXTILE SHOP OWNER’S ASSOCIATION
I am Jibin, the president of Kerala Textile Shop Owners Association.
I am Bengith the Vice president of Kerala Textile Shop Owners Association. We will be
representing the interests of the textile shop owners of Kerala
PROGRESSIVE WORKER’S FORUM
I am Vimal, the General Secretary of Progressive Workers Forum
I am Meera, the executive member of Progressive Workers Forum, and our trade union
supports the employees of the textile industry.
CONCILIATOR
I am glad that you have agreed to participate in this process. If you had decided to move on
with litigation, the issue would not be resolved any time soon.
First, we would like to explain how the conciliation process works so that you will have an
understanding of the process.
First, we will have a joint session and we will hear what you have to say about the said
matter. You have already submitted your written statements. We have already gone through
that and we hope that you had sent it to each other. And we have it here also.
We had gone through your written statements and this is what we have understood related to
your dispute. So, your trade union had moved a charter of demands consisting of matters
concerning the textile shop employees, particularly the female employees. So, the following
matters were included, like,
1. Fair living wage
2. Right to sit
3. Working hours
4. Basic amenities
5. Healthy working conditions
And the government-initiated proceedings with the representatives of the textile shop owners
and had published a policy document elucidating stipulations and conditions with respect to
the same. However, the policy document was not enforced and you had approached the court
to enforce the same. So basically, you are here with a demand that the policy document must
be enacted soon.
I hope this is your concern. Mr Vimal, would you like to add anything to this?
VIMAL
No madam this is all we have raised and everything else is mentioned in the charter of
demands. We have been after this for 6 long years
 CONCILIATOR
Ok Sir. We understand your concerns. Let’s see what Mr Jibin has got to say regarding the
same.
JIBIN
We cannot meet all the demands that you have raised. We don’t think our employees are
having any of these issues. There is an economic crisis going on and business is dull. We
won’t be able to raise the wages at any cost but we can look into your demands regarding the
basic amenities. We can improve the rest room facilities and sanitation facilities and go by
your demands for the female employees. That’s the maximum that can be done.
MEERA
I strongly object the statement made by Mr Jibin. We are here to support the textile shop
employees and we are their voice. They are left to suffer in your hands you are definitely in a
higher position compared to your employees. There hasn’t been any hike in their salary for
the past 6 years. We are ready to adjust and lower our demands regarding the basic amenities
but no adjustments can be made regarding the raise in pay. Also, the female employees have
requested for better rest room and sanitation facilities and for an increase in their recess and
lunch hours.
BENGITH
We cannot agree to this. At this situation we cannot afford a raise in pay.
CONCILIATOR
So, Mr. Vimal & Miss Meera has raised the following demands. They need a raise in pay
They are ready to make a compromise regarding the basic amenities. However, they want the
demands of their female employees to be fulfilled. Do you have anything more to add?
MEERA
No madam. That’s all
CONCILIATOR
Mr. Jibin and Mr. Bengith you have said that the textile shop owners are not in a position to
afford a raise in the salary of their employees and that you are ready to provide better
working conditions and are willing to look into the demands of the female employees
regarding the restroom facilities and an increase in their break hours. Is there anything I have
missed?
BENGITH
No madam. That’s all
CONCILIATOR
Okay, so I have heard both the parties now. I have noted the points and will once again go
through your written statements. I don’t think we will reach a consensus today and it’s better
to take a break now and I would like to meet the parties in person. We'll have another joint
session 2 days later and we'll inform you the date. If the parties are willing, I would like to
meet you in person.
VIMAL
Ok madam. We think that would be effective.
JIBIN
I too agree with that.
CONCILIATOR
Okay guys. Thank you for being here today. Thank you for your cooperation and efforts.
See you in two days!
SCENE 2
(The conciliators convene another joint session.)
Conciliators meets the Secretary, Progressive Worker’s Forum (Trade Union) in person
CONCILIATOR
Miss Meera and Mr Vimal, we had discussed the matter earlier together and we weren’t able
tto reach a consensus then. Having the representatives of Kerala Shop Owners around would
have prevented you from sharing a lot of things. This is your safe space and you can share
everything you have wanted.
MEERA
Thank you, ma’am. But I cannot make any compromise regarding the raise in wages.
VIMAL
If not, we'll have to consider the option of going on a strike. STRIKE ON STRIKE ON…
CONCILIATOR
Meera we respect your stand however we do not support the idea of the employees going on a
strike. It will be a solid waste of energy and time. So let’s not consider that option at all and
try and reach a solution here.
MEERA
Okay Madam, we understand. We are forced to fight for our rights now and we cannot
lower our demands any further.
CONCILIATOR
I understand your concern and here I would like to suggest some options that you can
consider to fix this matter. A steady increase in the wages will not be possible real soon
however we can give them a few months’ time, say 5 months hoping the business picks up.
Once it’s on track we can ask them to give an increment of 15 percentages. Also from this
month we can ask them to increase the number of shifts and the entire labour force can be
divided into groups. So this will ensure a decrease in working hours. However, the wages will
be the same. We can ask them to provide lunch and other refreshments for the day. We can
also ask them to improve the basic amenities especially for the female employees and
consider and fulfil the demands regarding the same. Once the business is back on track we
can ask them to pay the employees compensation of rupees 10000. Do you have any other
demands?
VIMAL
No madam, these suggestions are fair enough.
CONCILIATOR
So let us meet again in 2 days, guys. Meanwhile we will talk to the representatives of Kerala
Textile Shop Owners Association also.
MEERA
Okay Madam, thank you so much. See you in two days.
Conciliators meet the President, Kerala Textile Shop Owner’s Association in person
CONCILIATOR
Hi Jibin & Bengith, we had discussed the matter earlier together and we weren’t able to reach
a consensus then. The workers are struggling really bad and we want you to make a few
amends in favor of them. So, if there is anything more from your side let us know.
BENGITH
I would like to say that we are ready to do everything possible to improve the basic amenities
however we cannot afford a raise in their pay real soon. Given a few months’time we can
consider it.
CONCILIATOR
We understand your concern. If you are not in a position to afford to the increment as
demanded by the trade union right now, you can pay out a fraction of the amount and
gradually increase the amount. So the employees will be satisfied and you also won’t have
much burden.
JIBIN
Madam, It’s not that we don’t want to help them but the textile shop owners have a lot of
outstanding debts due to the lack of sales. We are ready to increase the basic amenities and
facilities at the work place and in given time we will consider providing increments.
CONCILIATOR
Now that I have heard your concerns. I would like to suggest a few solutions. I can give you a
few months’ time and once the business picks up you can give them an increment of 15
percentage of their salary. Why can’t you increase the number of shifts till the sales improve.
This will decrease the working hours and hopefully they will be satisfied with the salary they
are receiving. You can provide lunch and other refreshments so that they can save on that.
You can also improve the basic amenities especially for the female employees and consider
and fulfil the demands regarding the same. Once the business picks up you can pay them a
compensation of Rs. 10,000 per employee.
JIBIN
I cannot agree to all of the suggestions put forward by you. We won’t be able to provide
lunch as the number of people are more and we won’t be able to meet the food expenses.
However, we will try to provide refreshments throughout the day and improve the basic
amenities and fulfill all demands of the female employees. Also we can’t assure you that the
business will pick up very soon. If it happens we are okay with the other demands.
CONCILIATOR
Thank you for your cooperation. We will see you in 2 days in a joint session.
BENGITH
Okay Madam, see you in two days. Thank you so much.
SCENE 3
(Join session to draft the terms of the agreement)
CONCILIATOR
Good afternoon. Nice to see you again. So, we had convened a joint session earlier, however
we were not able to reach consensus then. We have talked to both the parties in person and
we are aware of your concerns. So hopefully today we will be able to reach consensus.
So from what I have heard from you both and considering everything that happened in the
joint session before I have come up with a few suggestions.
First I would like to suggest that the situation is getting better and hopefully the business will
pick up. Once it happens, you can give an increment of 15% in 5 months.
BENGITH
15% is huge increment and we cannot afford to pay out this amount. We are ready to settle
for 10%.
MEERA
10% is not acceptable, we need at least 12% increase.
JIBIN
Ok We are ready to give 12% increment, but we need more time. At least 8 months.
VIMAL
We are okay with that.
CONCILIATOR
Okay. That resolves the first issue. So Mr Jibin and Mr Bengith have proposed to give and
Vimal and Meera and has agreed to the same.12%increment in 8 months
 MEERA
Yes, Madam.
CONCILIATOR
Next we would like to suggest to the textile shop owners to
increases the number of shifts which will ensure lesser working hours.
BENGITH
We are ready to increase the number of shifts; however, the wages will remain the same for
now.
MEERA
We are okay with that now. However, we need the increment later. We cannot compromise
on that.
BENGITH
Okay.
CONCILIATOR
Okay. That resolves this issue and Jibin and Bengith has agreed that the textile shop owners
will increase the number of shifts, thus decreasing the working hours and the wages will
remain the same for now.
JIBIN
Yes, Madam.
CONCILIATOR
The third suggestion is regarding the refreshments and break hours. The employers won't be
able to provide both lunch and refreshments.
VIMAL
It’s okay Madam, we ready to settle for the refreshments alone, they need not provide us
lunch.
JIBIN
Okay. Refreshments will be provided throughout the day.
CONCILIATOR
Also they have agreed to improve the rest room facilities and increase the break hours and
have also agreed to fulfill all demands of the trade union regarding the female employees?
JIBIN
Yes Madam.
 CONCILIATOR
Okay. That resolves the third issue. And once the business picks up, you have to pay them the
compensation. And let’s decide on an amount of Rupees 10,000 to be paid within 8 months
from now.
JIBIN
No, the amount is too much and the time given is too little. But we are willing to pay Rupees
8,500 in 10 months of time.
MEERA
Okay. We will accept that.
CONCILIATOR
Okay. That settles the matter. So the employers are willing to pay a compensation amount of
Rs.8500 to all employees in 10 months of time. So I will read out the final agreement once
again, and if there are any errors or further suggestions, we can do it now. The textile shop
owners have agreed to pay a 12%increment in 8 months. The textile shop owners have agreed
to increase the number of shifts for now, with no changes in wages. However the matter will
be looked into later. The textile shop owners have agreed to provide the employees
refreshments throughout the day. They have also agreed to improve the restroom facilities,
increase the break hours and are also willing to fulfil all demands of the trade union in favor of
the female employees. The textile shop owners have agreed that, once the business picks up,
they will pay the compensation to the employees an amount of Rupees 10,000 within 8 months
from now.
CONCILIATOR
We think we have come to a solution regarding our matter and both the parties have agreed to
the terms of this agreement.SO shall we make this final? Do you have any objections or need
further clarity regarding any of the terms of this agreement?
TOGETHER
No madam. We agree to the same.
CONCILIATOR
OH! Thank you all.
So, we shall prepare the final agreement and we would like to meet you tomorrow to sign it.
For now, you may please sign the draft copy of the agreement. Thank you so much for your
efforts and cooperation. See you tomorrow.

CONCLUSION
Now that the parties have signed the agreement and the efforts of the conciliator to resolve the
issue has become successful, they inform the court about the agreement and the court disposes
the case. With this the conciliation proceedings come to an end and the court disposes the case
with the policy document soon getting enforced based on the terms of the agreement. Here, we
have seen the entire process of conciliation and how a conciliator helps the parties resolve their
issues. The mental attitude of the parties, the proper working environment backed by the
infrastructural facilities for servicing the conciliation procedure, and the skills of the conciliator
determine the success of conciliation. The mental attitude ranges from the inclination of the
parties to a common settlement to the absence of any objection to such settlement. It is pertinent
to remember that people are not perfect and we all need to learn how to resolve conflicts.
Never forget that all conflicts, no matter how intractable, all are capable of peaceful resolution!
Thank You.