Importance Of Mediation

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Introduction: The workload of the judiciary has increased exponentially due to the mounting pressure of cases and so the cases remain undecided for years for one or the other reason. The Indian constitution promises to secure “socio- economic and political justice and equality of status and of opportunity to all the citizens”. Article 39 – A of the Indian constitution contains a directive principle which holds that “the State will ensure that the legal system operates in a manner so as to promote justice to all and to ensure that no citizen is denied the opportunities of securing justice by reason of economic or any other disability”. But in the reality the law hardly reaches the vulnerable sections of the society where majority of the people…show more content…
MEDIATION: In mediation, an impartial person called a "mediator" helps the parties try to reach a mutually acceptable and amicable resolution of the dispute. The mediator doesn’t decide the dispute but helps the parties communicate so they can try resulting in the settlement the dispute themselves. Here one notable thing is that mediation leaves control of the outcome with the parties. Mediation may be particularly useful when parties have a relationship which they want to preserve. So when family members, business partners, or neighbors have a dispute, mediation may be the ADR process to use. It can also effective when emotions are acting as hindrances in the way of resolution. An effective mediator can hear the parties out and help them communicate with each other in an effective and nondestructive manner. A mediator must not act in contrary to the principles of fair play and natural justice. He should be impartial and neutral in his conduct with the parties. The process is often used in the commercial sector because it is less time consuming and relatively cheap and settles disputes in a consensual manner. It helps the parties to avoid rigid legal procedures and technicalities of law and reach a solution with their mutual…show more content…
Here, parties bear the expenses of arbitral proceedings as also the fees payable to arbitrators. Though it is a less formal than litigation, is most formal of the various ADR processes and it results in an award which is similar to a final decree of a court. Arbitration can be of two types. 1. Ad hoc arbitration 2.Institutional arbitration. In Ad hoc arbitration, the parties jointly select the arbitrators and decide the procedure together with the arbitral tribunal when the dispute arises. But when the parties agree for employing the services of an arbitration institution, it is termed as institutional arbitration. Institutional arbitration as compared to ad hoc arbitration has many advantages. Institutional arbitration is conducted as per its own rules and procedure, and supervised by professionally trained staff, and thus it reduces the risk of procedural breakdowns, particularly of the commencing of the arbitral powers, and of the possibility of technical defects in the arbitral award. Because of its certainty and international recognition, institutional arbitration is preferred over ad hoc
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