Arbitration and Mediation

Arbitration

Arbitration is a one of the effective tool to resolve any civil or commercial dispute between the parties. It is often termed as an alternative to the formal legal system established by law since courts have been burdened over with the cases.

The system of Alternate Dispute Resolution emanates from the dissatisfaction of many people with the way in which disputes are traditionally resolved resulting in the criticism of courts , the legal profession and sometimes lead to a sense of alienation from the whole legal system as also the burgeoning costs of court litigation, to the parties directly as also an establishment of court infrastructure. Thus, there is a need for Alternative Dispute Resolution.

The effective working in providing an amicable and speedy solution for conflicts in developed economies, are being suitably amended and incorporated in the developing countries, including India, in order to strengthen the judicial system. Many countries including India, Bangladesh and Sri Lanka have adopted ADR methods in different forms.

Mediation

Mediation is a flexible, non binding dispute resolution process in which a neutral third party ( the mediator) assists the parties in reaching a consensus and negotiating the settlement of their differences. The parties have ultimate control of the decision to settle the terms of resolution. In mediation, the mediator guides the discussion in a way that optimises parties needs, takes feelings into account and reframes representations.