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Research Paper | Law | India | Volume 8 Issue 4, April 2019 | Popularity: 6.9 / 10

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Emerging Issues in Arbitration, Mediation and Conciliation

Bhawna Bhelly, Dr Sunil

Abstract: The resolution of disputes through alternative dispute resolution mechanisms has gained momentum over recent decades. It has increasingly occupied space in the academic literature as the new method to achieve justice for disputing parties. It is important to note that a variety of definitions of justice can be relied upon. However, in many cases, justice will mean the parties being able to resolve their dispute fairly, justly and amicably by applying law or legal principles. Traditional legal mechanisms for resolving disputes have been increasingly questioned as to whether they are actually capable of achieving justice in individual cases. Resolution in the courts is not only the method of resolving disputes. If the parties can resolve their own disputes then there will arise no need for court system in world. All though court system is good and fair way of dealing with civil disputes yet it might not be the best method to resolve the disputes. Basically there are four ways to of alternate dispute resolution. They are Negotiation, Mediation, Conciliation and Arbitration. The of ADR is to resolve the matters in a cost effective manner and foster long term relationship. I realized that the true fiction of a lawyer was to unite parties A large part of my time during the 20 years of my practice as a lawyer was occupied in bringing out private compromise of hundreds of cases. I lost nothing thereby- not even money, certainly not my soul. Mahatma Gandhi The resolution of disputes through alternative dispute resolution mechanisms has gained momentum over recent decades. It has increasingly occupied space in the academic literature as the new method to achieve justice for disputing parties. It is important to note that a variety of definitions of justice can be relied upon. However, in many cases, justice will mean the parties being able to resolve their dispute fairly, justly and amicably by applying law or legal principles. Traditional legal mechanisms for resolving disputes have been increasingly questioned as to whether they are actually capable of achieving justice in individual cases. Resolution in the courts is not only the method of resolving disputes. If the parties can resolve their own disputes then there will arise no need for court system in world. All though court system is good and fair way of dealing with civil disputes yet it might not be the best method to resolve the disputes. Basically there are four ways to of alternate dispute resolution. They are Negotiation, Mediation, Conciliation and Arbitration. The of ADR is to resolve the matters in a cost effective manner and foster long term relationship. I realized that the true fiction of a lawyer was to unite parties A large part of my time during the 20 years of my practice as a lawyer was occupied in bringing out private compromise of hundreds of cases. I lost nothing thereby- not even money, certainly not my soul. Mahatma Gandhi

Keywords: ADR, LA

Edition: Volume 8 Issue 4, April 2019

Pages: 1145 - 1148

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