IAS Score

All India PT Mock Test (OMR Based) Across 20 Cities

will be conducted on 6th May and 20th May, 2018. Click here for Test Schedule & Online admission.

Test Center List:

  1. Delhi
  2. Jammu
  3. Chandigarh
  4. Ahmedabad
  5. Bhopal
  6. Lucknow
  7. Allahabad
  8. Patna
  9. Ranchi
  10. Kolkata
  11. Bhubaneswar
  12. Raipur
  13. Jaipur
  14. Mumbai
  15. Pune
  16. Nagpur
  17. Hyderabad
  18. Chennai
  19. Coimbatore
  20. Bengaluru

ARBITRATION AND CONCILATION

 

Introduction

With the steep growth in the number of laws and the number of cases, the Court system is under great pressure. In order to reduce the heavy demand on Court time, efforts need to be made to resolve the disputes by resorting to Alternative Dispute Resolution Methods before they enter the portals of the court. The Arbitration, Mediation and Conciliation are tools of Alternative Dispute Redressal System.

Arbitration is a method for settling disputes privately, but its decisions are enforceable by law. An arbitrator is a private extraordinary judge between the parties, chosen by mutual consent to sort out controversies between them. Arbitrators are so called because they have an arbitrary power; for if they observe submissions and keep within due bounds their sentences are definite from which there is no appeal. Arbitration offers greater flexibility, prompt settlement of national and international private disputes and restricted channels of appeal than litigation. In the words of Richard Cobden "At all events, arbitration is more rational, just, and humane than the resort to the sword."

Arbitration is a simplified version of a trial involving no discovery and simplified rules of evidence. Either both sides agree on one arbitrator, or each side selects one arbitrator and the two arbitrators elect the third to comprise a panel. Arbitration hearings usually last only a few hours and the opinions are not public record. Arbitration has long been used in labour, construction, and securities regulation, but is now gaining popularity in other business disputes. Litigation is expensive, time consuming and full of complexities.

The technique of ADR is an effort to design a workable and fair alternative to our traditional judicial system. It is a fast track system of dispensing justice. There are various ADR techniques viz. arbitration, mediation, conciliation, mediation-arbitration, mini-trial, private judging, final offer arbitration, court-annexed ADR and summary jury trial.

Arbitration

Arbitration is a process in which a neutral third party or parties render a decision based on the merits of the case. In the Indian context the scope of the rules for the arbitration process are set out broadly by the provisions of the Arbitration and Conciliation Act 1998 and in the areas uncovered by the Statute the parties are free to design an arbitration process appropriate and relevant to their disputes.

Mediation

The Process of mediation aims to facilitate the development of a consensual solution by the disputing