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ARBITRATION, MEDIATION, & CONCILIATION

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ARBITRATION, MEDIATION, & CONCILIATION

Arbitration is an alternative dispute resolution process that offers several advantages over traditional court proceedings. It is a less adversarial approach, and the cost is generally lower. Arbitration is conducted by an impartial arbitrator who facilitates the resolution of disputes between the involved parties. The decision issued by the arbitrator is known as an arbitral award, and both parties are expected to comply with it. An agreement governs the arbitration process. This article explores the provisions and benefits of arbitration.

VOLUNTARY PROCESS

Arbitration is a voluntary process that requires the mutual agreement of both parties involved. It is important to note that no coercion should be involved in this decision-making process.

APPOINTMENT OF ARBITRATOR

An arbitrator is appointed by the disputing parties, considering the arbitrator’s expertise and knowledge in the relevant field. The arbitrator’s decision, known as an arbitral award, is binding on both parties.

FLEXIBILITY AND EFFICIENCY

Arbitration is widely praised for its flexibility and efficiency. It grants various advantages to the parties involved, such as the ability to choose the arbitration’s time, venue, and location. This flexibility allows the parties to plan accordingly and proceed with convenience. Additionally, arbitration is a cost-effective process that helps save money compared to traditional court proceedings.

DECISION-BINDING

The arbitrator’s decision or resolution is binding on the involved parties and can be enforced in a court of law. An arbitral award holds the same weight as an order passed by a court, providing legal enforceability.

2) Conciliation

Conciliation involves the appointment of a conciliator, whose role is to facilitate communication and foster mutual understanding between the disputing parties.

FACILITATION BY CONCILIATOR

The conciliator is crucial in helping the parties reach a mutual understanding. By enhancing communication and facilitating discussions, the conciliator assists the parties in comprehending each other’s perspectives and eliminating disputes.

DOES NOT BIND BOTH PARTIES

Unlike arbitration, the conciliation process does not bind both parties involved. It provides a more flexible approach to dispute resolution. Furthermore, the negotiations and discussions held during conciliation are highly confidential and cannot be used as evidence in a court of law. This confidentiality ensures reliability and encourages both parties to engage more openly.

SETTLING AGREEMENT

If the parties in the conciliation process wish to settle, they must prepare a settlement agreement. This agreement binds both parties and can be used as evidence in court proceedings.

3) Mediation

Mediation is a deliberate procedure pursued by two parties seeking to resolve their legal issues with the assistance of a mediator. The parties involved make the final decision in mediation, while the mediator facilitates resolving disputes. The parties can choose their own mediator for the process.

TWO TYPES OF MEDIATION:

MEDIATION CARRIED BY COURT

The court carries out this type of mediation as per the code of civil procedure. It is typically used for resolving marital disputes and family matters.

COMMERCIAL MEDIATION

In commercial mediation, the mediator can be selected from the court to settle disputes related to corporate matters or between professionals.

SPEEDY DISPOSAL

One of the significant benefits of mediation is its ability to provide prompt solutions, particularly for marital and family disputes. The court often recommends mediation for these cases as it offers privacy and promotes harmony among the individuals involved.

Conclusion

Arbitration, mediation, and conciliation are effective alternative dispute resolution processes that facilitate the speedy and cost-effective resolution of legal issues for organizations and individuals.

G.Durghasree B.A.B.L (Hons)

G Durghasree B.A.B.L (Hons) is a registered trademark attorney with extensive experience as an Advocate for a period of 8 years. She possesses expertise in trademark law, including trademark filing and trademark hearings. Additionally, she is skilled in contract drafting and reviewing, providing legal advice and opinions, particularly in the areas of Company Law, Insolvency and Bankruptcy Code (IBC), and Goods and Service Tax Law (GST). Her experience encompasses both litigation and non-litigation aspects of these laws.