Mediation As An Alternative Dispute Resolution (ADR) – by Naveen Singh

By | September 20, 2018
Alternate Dispute Resolution - Mediation

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What is Alternative Dispute Resolution and Parts of Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) refers to any means of settling disputes outside the courtroom or simply said without litigation. Courts may check the validity of the ADR methods but they rarely get overturned if both the parties had formed a valid argument to abide by them. Arbitration and Mediation forms a major part of the ADR.

Alternative Dispute Resolution is a collective term for different ways to settle disputes the different ways are a negotiation, conciliation, mediation and arbitration. ADR is one of the fastest growing fields in the legal setup because of the court queues, the rise in the cost of litigation, time delays etc. most of the countries have started using ADR methods and INDIA is one them. INDIA has realized the potential ADR has and how it is valuable in settling disputes.

The two most common form of ADR is Mediation and Arbitration but Negotiation is always attempted first to solve disputes as it is the fastest and most efficient way to settle disputes. The advantage of negotiation is that parties settle their disputes without involving any third party and also to control process by themselves. Before going to in detail about Mediation we first look at what is Arbitration and then about Mediation.

About Arbitration and its process

Arbitration is somewhat similar to trails in the court but it is a simplified version involving limited discoveries and simplified rules of the evidence. The arbitration is headed and decided by an arbitral panel. This panel is either headed by one arbitrator to which both the sides agree or one party elects his arbitrator the other also elects one arbitrator and then this two arbitrators elects the third. This arbitral panel then deliberates and issues a written decision. Arbitration was used in the past and with the rise in queues in cases and the cost in litigation its importance is growing day by day.

About Mediation

Mediation is an informal method to litigation. Mediators are individuals who are trained to perform negotiation that is to bring both the parties to work out a settlement that both the parties accept or rejects. Mediation has become significant to settle disputes between the stockholders and their investors. There has been a significant rise in ADR in INDIA in past one decade especially in Mediation. The most attractive part of mediation is that it suits the needs of the individual even while settling a high profile dispute case.

About Mediation – Arbitration

Mediation-Arbitration is another method to solve dispute as the name goes this method is a combination of mediation and arbitration where a mediator settles the dispute and if he is not able to settle the dispute through mediation this mediator turns himself as an arbitrator.


By – Naveen Singh Yaduvanshi

(Government Law College, Mumbai)


Sources:

• https://guides.library.harvard.edu/
• www.inta.org
• www.law.cornell.edu
• The college professors of Government Law College
• Book – The Mediation Process – Christopher W. Moore


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