I want to settle a commercial dispute in Kolkata without trial; can conciliation help?
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Below is a comprehensive legal analysis based on Indian law for your question.
Conciliation under Section 61 of the Arbitration and Conciliation Act, 1996 is a voluntary process where a neutral conciliator assists parties to reach a settlement, which, when signed, has the status of an arbitral award and is enforceable as a decree. You can initiate by inviting the other party to conciliate, and the proceedings are confidential and without prejudice. Calcutta High Court can refer disputes to conciliation under Section 89 of the CPC in appropriate cases. West Bengal Premises Tenancy Act 1997 may establish State conciliation services, but the central framework governs. The settlement binds both parties and cannot be challenged except on limited grounds. Conciliation is faster and cheaper than litigation. The conciliator cannot act as arbitrator in the same dispute.
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