Glossary

What is conciliation?

Conciliation is a negotiated settlement process in which a neutral conciliator helps the parties reach agreement but does not decide for them. Under Section 18(2) of the MSMED Act it is the compulsory first stage of every Facilitation Council case, and it is where most Samadhaan matters end.

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Short answer

Conciliation is a voluntary, confidential dispute-resolution process in which a conciliator assists the parties to reach a settlement, and may propose terms, without imposing a decision. Under the MSMED Act, the Facilitation Council (or an institution it nominates) must first conduct conciliation; only if it fails does the matter move to arbitration under Section 18(3). A signed conciliation settlement agreement is final and binding and has the same status as an arbitral award on agreed terms.

How conciliation works in India

In a Facilitation Council matter, both sides are called to a hearing. The supplier presents the invoices and interest computation; the buyer states its position. The Council's members, acting as conciliators, explore a payment plan, often with the supplier conceding part of the interest in return for prompt payment of the principal. If terms are agreed they are recorded in a settlement agreement signed by both and authenticated by the Council, which can be enforced if the buyer defaults. If no agreement is reached after a reasonable number of sittings, the Council terminates the conciliation and takes up arbitration, where it will decide the claim with full Section 16 interest.

Why it matters for getting paid

Conciliation is faster than any award and gives the supplier money rather than paper. Buyers have a strong incentive to settle because the alternative is an award with three times bank rate interest and a 75% deposit to appeal. Suppliers should come prepared with a clear statement of account and a realistic plan to offer. Compare mediation under the Mediation Act and pre-institution mediation under the Commercial Courts Act.

How FundRaksha uses it

FundRaksha's advocates attend Council conciliation with a prepared settlement proposal and post-dated cheque or bank mandate terms, so that an agreement can be signed on the day. Settlements here are a significant part of the 60% of FundRaksha cases that never need a contested hearing. Fee: 30% of what is recovered.

Worked example (hypothetical)

A small Indore pharma packaging supplier refers a ₹7,00,000 claim, due eight months earlier. Assuming a 6.5% bank rate (19.5% a year, monthly rests), interest to date is about ₹96,300, so the claim is ₹7,96,300. In conciliation the buyer offers ₹7,00,000 over two months; the supplier counters with ₹7,00,000 plus ₹50,000 towards interest in three equal monthly cheques of ₹2,50,000. The settlement is signed and authenticated by the Council. If any cheque bounces, the supplier can enforce the settlement as an award and separately proceed under Section 138.

Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.

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  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
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Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

No. Section 18(2) makes conciliation the first step. The Council moves to arbitration only after conciliation fails or is terminated.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.