Alternative Dispute Resolution (ADR) refers to any means of settling disputes outside of the courtroom. Arbitration is a method of resolving disputes through an arbitrator, appointed by the parties in a dispute. ADR is a collective term by which the parties to any dispute can settle any issues arising between them, with or without the help of a third party. It is an alternative method to the regular court proceedings for settling any dispute.
A dispute is essentially a lis inter partes, and the justice dispensation system in India has found an alternative to such forms of adversarial litigation in the form of the Alternative Dispute Resolution mechanism. ADR has an advantage of providing parties with the opportunity to reduce hostility, to resolve conflict in a peaceful manner, and achieve a greater sense of justice in each individual case. Most common forms of ADR are negotiation, conciliation, mediation, and arbitration.
The Indian law of arbitration is contained in the Arbitration and Conciliation Act, 1996 which is based on the 1985 UNICITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules of 1976. The Statement of Objects and Reasons of the Act recognises that India’s economic reforms will become effective only if the nation’s dispute resolution provisions are in tune with the international regime.
This book titled “Arbitration, Conciliation and Mediation” is an attempt to provide a compact, integrated text on the law relating to Arbitration, Conciliation and Mediation. In this book, author Mr. Vishnu S Warrier tried to provide section wise comments, along with a detailed discussion on leading cases of both Indian and Foreign courts, which will assist the reader in interpreting and understanding the provisions of the Arbitration and Conciliation Act, 1996.
This book titled “Arbitration, Conciliation and Mediation” is intended both, to inform managers and the managed, about laws that apply directly to them, and to help lawmakers, public agency staff, and interested observers to better understand the nature of the existing legal influences on Arbitration, Conciliation and Mediation.
Author: Vishnu S Warrier
Number of Pages: 259 Pages
Publication Year: 2015