Sections 67 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 67 says what a conciliator is there to do: assist the parties, independently and impartially, to reach an amicable settlement. It also sets the principles that guide the conciliator, leaves the conduct of the proceedings largely to the conciliator, and allows proposals at any stage. Section 68 allows administrative assistance from a suitable institution or person. This follows the India Code consolidated text consulted.
The conciliator assists the parties in an independent and impartial manner to reach an amicable settlement (section 67(1)). The guide is objectivity, fairness and justice (section 67(2)). The conciliator may conduct the proceedings as he considers appropriate (section 67(3)) and may make proposals for a settlement at any stage, which need not be in writing and need not carry reasons (section 67(4)). The parties, or the conciliator with the consent of the parties, may arrange administrative assistance by a suitable institution or person (section 68).
The Mediation Act, 2023 and Part III
The India Code text consulted prints these sections. The Mediation Act, 2023 provides for sections 61 to 81 of this Act to be replaced by two sections. Its commencement is by notification, and the date is not in the sources consulted, so check whether that change is in force before relying on Part III. Our article on sections 58 to 61 of the Mediation Act, 2023 explains the amendments.
Where these sections fit
After the invitation (section 62), the appointment (sections 63 and 64) and the statements (sections 65 and 66), section 67 describes the conciliator's own role. See our articles on sections 65 and 66 and on sections 63 and 64. If you are about to enter a conciliation and want to understand what the conciliator can and cannot do, our conciliation services team can talk it through with you.
Section 67(1): independent and impartial assistance
The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.
Two points. The duty is to assist, not to decide. And it is the parties' "attempt" to reach a settlement: the settlement is theirs. The word "shall" makes independence and impartiality a duty of the conciliator under the section.
Section 67(2): the guiding principles
The conciliator shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things:
- the rights and obligations of the parties;
- the usages of the trade concerned; and
- the circumstances surrounding the dispute, including any previous business practices between the parties.
The list is introduced by "among other things", so it is not closed. For a trader or supplier, the reference to usages of the trade and previous business practices is worth noticing: the conciliator is told to look at how the parties have actually dealt with each other.
Section 67(3): conduct of the proceedings
The conciliator may conduct the conciliation proceedings in such a manner as he considers appropriate, taking into account:
- the circumstances of the case;
- the wishes the parties may express, including any request by a party that the conciliator hear oral statements; and
- the need for a speedy settlement of the dispute.
The conciliator has discretion; the section lists three things to take into account. It says nothing on a timetable, and the text consulted gives none for conciliation as a whole.
Section 67(4): proposals for a settlement
The conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons therefor.
This is a notable feature. The Act does not require the conciliator to write down proposals or to explain them. Section 81 later deals with what the parties may rely on in other proceedings, and "proposals made by the conciliator" is one of the items listed there; see our article on sections 80 and 81.
Section 68: administrative assistance
In order to facilitate the conduct of the conciliation proceedings, the parties, or the conciliator with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.
The section does not name any institution, and it does not say what "administrative assistance" covers. The text consulted gives no list. Costs of any assistance provided under section 68 come into the "costs" defined in section 78(2)(c); see our article on sections 78 and 79.
Section 68 beside section 6
Section 6, in Part I, is the matching provision for arbitration.
| Point | Section 6 (Part I) | Section 68 (Part III) |
|---|---|---|
| Purpose | To facilitate the conduct of the arbitral proceedings | To facilitate the conduct of the conciliation proceedings |
| Who may arrange | The parties, or the arbitral tribunal with the consent of the parties | The parties, or the conciliator with the consent of the parties |
| Provider | A suitable institution or person | A suitable institution or person |
The two sections are in the same terms apart from the proceedings and the person named. See our article on sections 5 and 6 for section 6 in full.
Summary of the conciliator's role in sections 67 and 68
| Provision | Subject | Key words |
|---|---|---|
| 67(1) | Duty | Assist; independent and impartial; amicable settlement |
| 67(2) | Guidance | Objectivity, fairness, justice; rights and obligations; usages of trade; previous business practices |
| 67(3) | Conduct | As he considers appropriate; wishes of the parties; oral statements; speedy settlement |
| 67(4) | Proposals | Any stage; need not be in writing; no reasons needed |
| 68 | Administrative help | Parties, or conciliator with consent; suitable institution or person |
An illustration
Chopra Exports Pvt Ltd and Bhatt Logistics are in conciliation over a disputed freight charge. Chopra asks that the conciliator hear oral statements, and she agrees to do so, noting the need for a speedy settlement (section 67(3)). After two meetings she suggests a settlement figure orally, without giving reasons; the Act does not require a written proposal (section 67(4)). The parties agree that a local institution will arrange the meeting room and the record-keeping, which is administrative assistance under section 68. Names and facts are invented.
Need help in a conciliation?
Understanding the conciliator's role helps you decide what to put forward and when. Our conciliation services team can prepare you for the process, help you assemble the facts on trade usage and past dealings, and review any proposal that is put on the table.
Key takeaways
- The conciliator assists the parties, independently and impartially, towards an amicable settlement (section 67(1)).
- Guiding principles are objectivity, fairness and justice, with regard to rights, obligations, trade usages and previous practices (section 67(2)).
- The conciliator has discretion over conduct, taking account of the case, the parties' wishes and the need for a speedy settlement (section 67(3)).
- Proposals may be made at any stage and need not be written or reasoned (section 67(4)).
- Administrative assistance may be arranged by the parties, or by the conciliator with their consent (section 68).
- The Mediation Act, 2023 provides for replacement of sections 61 to 81; commencement by notification, date not in the sources consulted.
Read next
- Sections 69 to 71: communication, disclosure of information and co-operation of parties
- Sections 72 to 74: settlement agreement in conciliation and its status
- Sections 5 and 6: judicial intervention and administrative assistance
- Mediation Act, 2023, sections 15 to 17: conduct of mediation and role of the mediator
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.