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Alternative Dispute Resolution
With the increasing pace of life, we have left very little time for ourselves. It is very difficult to go to court, wait in long queues for hours just to hear that the hearing will be on the next date! So to save us more time and money, big companies are now opting for the Arbitration and Dispute Resolution (ADR). It refers to any means of settling disputes outside the courtrooms. It includes arbitration, conciliation, and mediation. Even today courts prefer to send the parties into mediation before giving any final order.
It is a procedure for the resolution of disputes on a private basis through the appointment of an arbitrator, an independent, neutral third person who hears and considers the merits of the dispute and renders a final and binding decision called an award.
It is defined under Article 7 of the UNCITRAL Model Law on International Commercial Arbitration (1985) (as adopted by the United Nations Commission on International Trade Law on 21 June 1985) which states “Arbitration agreement” is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
The arbitrator (Arbitration Proceedings)
Arbitrators assist opposing parties in resolving disputes outside of court. They hold confidential, private hearings that are less formal than a court trial. Arbitrators are typically attorneys, business professionals, or retired judges who have expertise in a specific field.
It is an informal process in which a neutral third party without the power to decide or usually to impose a solution helps the parties resolve a dispute or plan a transaction. Mediation is voluntary and non-binding, although the parties may enter into a binding agreement as a result of mediation.
Mediation Between Husband & Wife
When a couple files for divorce in court, the judge may refer some cases to mediation if they believe there is a possibility of cohabitation between the husband and wife. Couples are referred to trained mediators like us to help them resolve their disagreements amicably. We then invite both to the first session to hear their complaints. They are later consulted individually. We even call their parents and relatives to mediate on occasion. We always try first to save marriages. After both parties agree, we obtain their signatures on the agreed-upon terms and conditions and submit them to the court.
Mediation Regarding Family Property
In our country, families are much more involved than in other countries, which leads to problems between couples. Property disputes can arise between siblings and parents as well. So, in this case, mediation appears to be a good idea for resolving these issues.
Mediation Between Partners
The mediation process entails you and your partner working together to reach an agreement. This process is aided by the mediator. The mediator does not make decisions for you and will not impose a decision on you in the same way that a judge would if you had to litigate the case. As a result, with the mediator’s assistance, you and your partner will be able to communicate more effectively in order to reach a solution that is satisfactory to all parties. Because you and your partner know the business best and have the most invested in its success, this solution is often preferable to one imposed by a judge or an outsider.
It in principle is any form of communication between two or more people for the purpose of arriving at a mutually agreeable situation. Negotiation has been defined as “the process we use to satisfy our needs when someone else controls what we want.
ONLINE DISPUTE RESOLUTION
The settlement of disputes through online communication/interaction between the disputed parties is known as online dispute resolution (ODR). Online dispute resolution deals with disputes that are partially or completely resolved over the Internet after being initiated in cyberspace but originating elsewhere (offline) . ODR is also known as alternate dispute resolution (ADR) and Internet dispute resolution (iDR) in the literature and practise, and these terms are used interchangeably.
It is a private, informal process in which a neutral third person helps disputing parties reach an agreement. This is a process by which resolution of disputes is achieved by compromise or voluntary agreement. Here the parties, together with the assistance of the neutral third person or persons, systematically isolate the issues involved in the dispute, develop options, consider alternatives and reach a consensual settlement that will accommodate their needs.