Sections 69 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 69 says how the conciliator communicates with the parties and who fixes the place of meetings. Section 70 requires the conciliator to pass on the substance of factual information to the other party, with an exception for information given on a confidential condition. Section 71 asks the parties to co-operate in good faith. This follows the India Code consolidated text consulted.
The conciliator may meet or communicate with the parties together or each of them separately (section 69(1)). Unless the parties have agreed on the place, the conciliator fixes it after consultation with the parties (section 69(2)). When a party gives factual information about the dispute, the conciliator shall disclose the substance to the other party, unless the information was given subject to a specific condition of confidentiality (section 70 and proviso). The parties shall co-operate in good faith (section 71).
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
Sections 69 to 71 are about the conduct of the conciliation once it is under way. Section 67(3) gives the conciliator discretion over the manner of conduct; see our article on sections 67 and 68. Section 65 deals with statements and information the conciliator asks for; see sections 65 and 66. If you want advice on what to share and what to hold back in a conciliation, our conciliation services team can help.
Section 69: communication between conciliator and parties
Sub-section (1): meetings and communication
The conciliator may invite the parties to meet him or may communicate with them orally or in writing. He may meet or communicate with the parties together or with each of them separately.
The text allows four combinations: oral or written, and joint or separate. It does not require the conciliator to inform one party of a separate meeting with the other. That question is dealt with by section 70, below, for factual information.
Sub-section (2): place of meetings
Unless the parties have agreed upon the place where meetings with the conciliator are to be held, such place shall be determined by the conciliator, after consultation with the parties, having regard to the circumstances of the conciliation proceedings.
The order of priority is clear: agreement of the parties first; otherwise the conciliator decides, after consultation and with regard to the circumstances. Section 69(2) speaks of "meetings with the conciliator". The text consulted does not carry a rule on remote meetings, and none is described here.
Section 70: disclosure of information
When the conciliator receives factual information concerning the dispute from a party, he shall disclose the substance of that information to the other party in order that the other party may have the opportunity to present any explanation which he considers appropriate.
The proviso: confidential conditions
Provided that when a party gives any information to the conciliator subject to a specific condition that it be kept confidential, the conciliator shall not disclose that information to the other party.
| Situation | What section 70 requires |
|---|---|
| A party gives factual information concerning the dispute, with no condition | The conciliator discloses the substance to the other party, so the other party can explain |
| A party gives information subject to a specific condition that it be kept confidential | The conciliator shall not disclose it to the other party |
Points to note:
- Substance, not necessarily the document. The section says "the substance of that information".
- The purpose is fairness. The disclosure is "in order that the other party may have the opportunity to present any explanation".
- The confidentiality condition must be specific. The proviso speaks of "a specific condition that it be kept confidential". A general wish for privacy is not what the proviso describes, and the text consulted does not give a form for the condition.
- Section 70 is separate from section 75. Section 75 makes the conciliator and the parties keep confidential all matters relating to the conciliation proceedings; see our article on section 75. Section 70 is about what the conciliator passes between the two sides, and section 75 about what is kept from outside.
Section 71: co-operation of parties
The parties shall in good faith co-operate with the conciliator and, in particular, shall endeavour to comply with requests by the conciliator to submit written materials, provide evidence and attend meetings.
The duty has two layers. The general layer is good-faith co-operation. The particular layer is an endeavour to comply with three kinds of request: written materials, evidence, and attendance at meetings. The verb is "endeavour", so the section asks for an effort. The text consulted states no consequence for non-compliance within section 71. Section 76 lists the ways conciliation ends, including a written declaration by the conciliator that further efforts are no longer justified; see our article on sections 76 and 77.
The three sections together
| Section | Subject | Who acts | Key words |
|---|---|---|---|
| 69(1) | Meetings and communication | Conciliator | Together or separately; orally or in writing |
| 69(2) | Place of meetings | Parties, else conciliator | Agreed place; otherwise after consultation |
| 70 | Disclosure of factual information | Conciliator | Substance disclosed; explanation allowed |
| 70 proviso | Confidential information | Conciliator | Specific condition; not disclosed |
| 71 | Co-operation | Parties | Good faith; endeavour to comply |
An illustration
Bose Industrial Supplies and Krishnan Steel are in conciliation. The conciliator meets Bose alone. Bose says its delivery was late because of a plant shutdown and hands over a production note, saying nothing about confidence. The conciliator must disclose the substance of that information to Krishnan so that it can offer an explanation (section 70). Bose also mentions a pending bank negotiation and says the conciliator may use it only on the footing that it stays confidential: the proviso stops the conciliator from passing that to Krishnan. Both sides are expected to attend the meetings and send the requested papers in good faith (section 71). Names and facts are invented.
Need help sharing information in conciliation?
What you tell the conciliator in a separate meeting may reach the other side unless you attach a specific condition of confidentiality. Our conciliation services team can help you decide what to put forward, how to mark confidential material and how to prepare for each meeting. For the wider comparison of processes, see arbitration, litigation and mediation compared.
Key takeaways
- The conciliator may meet or communicate with the parties together or separately, orally or in writing (section 69(1)).
- The place of meetings is the parties' choice; otherwise the conciliator decides after consultation (section 69(2)).
- Factual information from one party must be disclosed in substance to the other (section 70).
- Information given on a specific condition of confidentiality is not disclosed to the other party (proviso to section 70).
- The parties must co-operate in good faith and endeavour to meet the conciliator's requests (section 71).
- The Mediation Act, 2023 provides for replacement of sections 61 to 81; commencement by notification, date not in the sources consulted.
Read next
- Section 75: confidentiality of conciliation proceedings
- Sections 72 to 74: settlement agreement in conciliation and its status
- Sections 67 and 68: role of the conciliator and administrative assistance
- Section 22 of the Mediation Act, 2023: confidentiality of mediation
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.