Mediation is a means to resolve disputes without resorting to litigation or other adversarial modes of dealing with conflict. By seeking a “win-win” solution, acceptable to both sides, mediation promotes better understanding among disputants. It also costs less, results in more lasting agreements than litigation, and can be used for
This Article analyses the The Arbitration and Conciliation Act, 1996, taking into account UNCITRAL Model Law and Rules and also vastly making amendments in the law relating to domestic arbitration contained in the 1940 Act. It also discusses the salient features of the said Act.
The legal system should be able to deliver justice expeditiously on the basis of equal opportunity and provide free legal aid to secure that opportunities for securing justice are not denied to any citizens by reasons of economic or other disabilities. It was in this context that the Parliament enacted the Legal Services Authority Act, 1987, and hence lead to setting up of Lok Adalats.
A conciliation proceeding is initiated by a party sending to the other party a written invitation to conciliate. As contrasted from arbitration, when a matter is referred to conciliation, the matter does not go out of the stream of court process permanently. If there is no settlement, the matter is returned to the court for framing issues and proceeding with the trial.
Alternative Dispute Resolution (“ADR”) represents a variety of processes through which potential litigants may resolve disputes. The traditional view is that processes ranging from face-to-face negotiations to formal, binding arbitrations are used as an alternative to litigation. Today, however, the process of litigation occupies a place within a spectrum of “Appropriate Dispute Resolution”.
Mahatma Gandhi once said, “I object to violence because when it appears to do good, the good is only temporary, the evil it does is permanent.” Undoubtedly, there is no justification for violence, even more so when such violence emanates from those conferred with solemn duty to protect the citizens
Mediation Mediation may be defined as a non-binding procedure in which an impartial third party, the conciliator or mediator, assists the parties to a dispute in reaching a mutually satisfactory and agreed settlement of the dispute. Mediation is a process by which disputing parties engaged the assistance of a
Arbitration It was only during the British rule that arbitration was introduced in India as a mode of ADR. After a very chequered history, the Arbitration Act, 1940 came into being which was a complete code on the law of domestic arbitration. However, in the implementation of the Arbitration
ADR includes within its ambit all those amicable methods of dispute settlement without the intervention of the court. There is no universally accepted definition of the expression ADR. Some definitions of ADR exclude all processes whereby a binding decision is given by a third party. The Academy of Experts defined
The article shall focus on dealing with the legislative background pertaining to Section 89 of the Code of Civil Procedure i.e. to trace the historical growth or evolution of Section 89. For the sake of clarity, this has been divided into three different subgroups. The same has been diagrammatically depicted
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