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Resolution
Dispute resolution is an indispensable process for making social
life peaceful. Dispute resolution process tries to resolve and check
conflicts and maintain co-operation between different groups.
https://en.wikipedia.org/wiki/Dispute_resolution
https://en.wikipedia.org/wiki/Alternative_dispute_resolution
https://www.pon.harvard.edu/daily/dispute-resolution/what-are-the-three-basic-types-of-dispute-
resolution-what-to-know-about-mediation-arbitration-and-litigation/
https://www.lawteacher.net/free-law-essays/contract-law/methods-of-dispute-resolution-contract-law-
essay.php
https://www.americanbar.org/groups/dispute_resolution/resources/DisputeResolutionProcesses/
Introduction to different
methods of dispute resolution
Lawsuit (Litigation) – A lawsuit is a proceeding by a party or parties against
another in the civil court of law. A lawsuit may involve dispute
resolution of private law issues between individuals, business
entities or non-profit organizations. Rules of criminal and civil
procedure govern the conduct of a lawsuit in the common law system for
dispute resolution. Procedural rules are constrained and informed by
separate statutory laws, case laws, and constitutional provisions that
define the rights of the parties to a lawsuit. A lawsuit may also enable
the state to be treated as if it were a private party in a civil case, as
plaintiff, or defendant regarding an injury, or may provide the state with a
civil cause of action to enforce certain laws. The conduct of a lawsuit is
called litigation.
https://legaldictionary.net/alternative-dispute-resolution/
https://en.wikipedia.org/wiki/Lawsuit
https://en.wikipedia.org/wiki/Arbitration
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Mediation – Mediation in case of law is a form of alternative dispute resolution i.e.
it is a way of resolving disputes between two or more parties typically assisted by a
third party, the mediator, assisting the parties to negotiate a settlement. The mediator
acts as a go-between while the parties go back and forth on their demands. The
parties often meet in a neutral location or in separate conference rooms at the office
of a professional mediator. Initially parties meet in one room to make brief
presentations to the mediator, then the mediator goes back and forth between the
parties, sharing information and relaying offers and responses between both the
parties. The goal of a mediator is to guide both the parties into an agreement
acceptable to all parties. Mediation is a "party-centered" process that focuses
primarily upon the needs, rights, and interests of both the parties. The mediator uses
a variety of techniques to help the process in a constructive direction and to help the
parties find the most optimum solution. Rather than imposing a solution, a
professional mediator works with the conflicting sides to explore
the interests underlying their positions. In India the Village Panchayats and the
Nyaya Panchayats are also a place which provide mediation.
https://en.wikipedia.org/wiki/Mediation
https://legaldictionary.net/alternative-dispute-resolution/
https://www.lawctopus.com/academike/arbitration-adr-in-india/
https://en.wikipedia.org/wiki/Conciliation
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Negotiation – Negotiation is the diplomatic connotation as a dialogue between
two or more people or parties intended to reach a beneficial outcome over one
or more issues where a conflict exists with respect to at least one of these
issues. Compared to other processes using mutual third parties like
conciliation and mediation, it allows parties themselves to control the process
and reach the solution. Negotiation is aimed to resolve differences, to gain
advantage for the individual or collective, or to craft outcomes to satisfy
various interests. It is often conducted by putting forward a position and
making concessions to achieve agreement on the topic. The degree to which
the negotiating parties trust each other to implement the negotiated solution is
a major factor in determining whether negotiations are successful. In India,
Negotiation doesn’t have any statutory recognition. Negotiation is self-
counseling between the parties to resolve their dispute. Negotiation is a
process that has no fixed rules but follows a predictable pattern.
https://legaldictionary.net/alternative-dispute-resolution/
https://www.lawctopus.com/academike/arbitration-adr-in-india/
https://en.wikipedia.org/wiki/Negotiation
https://en.wikipedia.org/wiki/Dispute_resolution
https://en.wikipedia.org/wiki/Collaborative_law
https://en.wikipedia.org/wiki/Facilitator
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Alternative Dispute Resolution
Alternative dispute resolution (ADR) also known as extrajudicial dispute
resolution refers to any methods used to resolve a dispute without using
litigation includes processes such as arbitration, collaborative law,
conciliation, negotiation, facilitation and mediation are different
processes used to resolve conflict or potential conflict between different
individuals, business groups, governmental agencies, or non-
governmental organizations. Alternative dispute resolution has a benefit
of reducing the load on the overburdened court system. In addition, it can
often be a less expensive solution for all parties. It has also gained broad
acceptance in the business and legal community. In fact, courts in some
jurisdictions require parties to engage in some type of alternative dispute
resolution before the matter can proceed to trial.
With the coming of the East India Company the British government gave
legislative form to the law of arbitration by promulgating regulations in
Calcutta, Bombay and Madras. Alternative Dispute Resolution began
gaining popularity in the U.S. legal system since the civil unrest of the
1960s. In India, Indian Arbitration Act, 1899 was one of the first laws
related to alternative dispute resolution. This Act was substantially based
on the British Arbitration Act of 1889. It expanded the area of arbitration
by defining the expression ‘submission’ to mean “a written agreement to
submit present and future differences to arbitration whether an arbitrator
is named therein or not”. The Geneva Protocol on Arbitration Clauses
1923 and the Geneva Convention on the Execution of Foreign Arbitral
Awards 1927 have been implemented in India by the Arbitration
(Protocol and Convention) Act of 1937. This Act was enacted with the
object of giving effect to the Protocol and enabling the Convention to
become operative in India.
https://www.lawctopus.com/academike/arbitration-adr-in-india/
https://legaldictionary.net/alternative-dispute-resolution/
https://en.wikipedia.org/wiki/Alternative_dispute_resolution
https://www.law.cornell.edu/wex/alternative_dispute_resolution
http://www.courts.ca.gov/3074.htm
https://en.wikipedia.org/wiki/Dispute_resolution
5
The Arbitration Act of 1940, dealt with domestic arbitration only. Under this
act, intervention of the court was required in all the stages of arbitration in
the tribunal, i.e. prior to the reference of the dispute, during the
proceedings, and after the award is passed. Later the government in an
effort to modernize the 1940 Act enacted the Arbitration and Conciliation
Act of 1996.
https://www.lawctopus.com/academike/arbitration-adr-in-india/
https://legaldictionary.net/alternative-dispute-resolution/
https://en.wikipedia.org/wiki/Alternative_dispute_resolution
https://www.law.cornell.edu/wex/alternative_dispute_resolution
http://www.courts.ca.gov/3074.htm
https://en.wikipedia.org/wiki/Dispute_resolution
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Comparison between different
methods of Dispute Resolution
Since the birth of intellectual intelligence disputes have existed and it has been
necessary to solve these disputes. Every dispute has a different reason and
every party has a different agenda. If negotiation between the parties failed
several times third parties need to get involved to resolve the dispute.
Litigation and the traditional court systems as they are known today began in
Rome then flourished in England and spread around the world. Negotiation,
mediation, arbitration, and litigation are main potential methods of dispute
resolution. Negotiation, Mediation and arbitration are considered methods of
alternative dispute resolution. In Modern era, Alternative dispute resolution
has been used to settle disputes labour disputes, business disputes, consumer
disputes etc. Generally, Alternative dispute resolution is faster and less
expensive than litigation.
Negotiations are the least formal of the proceedings. Negotiations take place
regularly between two companies when conducting business. Two party
involvement limits outside influence and allows parties to focus of the
problem solving at hand. Potential disadvantages to negotiation include lack of
motivation by the parties involved to come to an agreement in a reasonable
timeframe. In complex disputes, the assistance of a third party can help to
reach a solution to the problem. Collective bargaining agreements also take
place in large industries. These provide employees and employers the rights
and terms of condition for employment and fair treatment.
https://www.lawteacher.net/free-law-essays/contract-law/methods-of-dispute-resolution-contract-law-essay.php
https://www.lawteacher.net/free-law-essays/contract-law/methods-of-dispute-resolution-contract-law-essay.php
https://www.lawteacher.net/free-law-essays/civil-law/importance-of-alternative-dispute-resolutions.php
https://en.wikipedia.org/wiki/Dispute_resolution
https://www.law.cornell.edu/wex/alternative_dispute_resolution
https://www.americanbar.org/groups/dispute_resolution/resources/DisputeResolutionProcesses/
https://www.pon.harvard.edu/category/daily/dispute-resolution/
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Mediation is a voluntary procedure. An agreement to mediate may, or may not
be specified in a contract. Mediation benefits both parties because it allows
discussion to take place in a friendlier environment than arbitration or
litigation.
https://www.lawteacher.net/free-law-essays/contract-law/methods-of-dispute-resolution-contract-law-essay.php
https://www.lawteacher.net/free-law-essays/contract-law/methods-of-dispute-resolution-contract-law-essay.php
https://www.lawteacher.net/free-law-essays/civil-law/importance-of-alternative-dispute-resolutions.php
https://en.wikipedia.org/wiki/Dispute_resolution
https://www.law.cornell.edu/wex/alternative_dispute_resolution
https://www.americanbar.org/groups/dispute_resolution/resources/DisputeResolutionProcesses/
https://www.pon.harvard.edu/category/daily/dispute-resolution/
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Conclusion
Conflict is inevitable in this modern society and with conflict arises dispute
and the need to resolve these disputes. dispute resolution processes have been
developed to manage and intervene in these types of disputes. Dispute
resolution being the process to resolve dispute between different parties by
different methods. These methods including litigation, arbitration, Negotiation,
mediation etc. What these methods represent has been included in this project
and it can be concluded that each of the methods have various advantages as
well as various disadvantages.
The methods of alternative dispute resolution are more suited to the parties
involved and have a more calming effect on their relationship compared to
other methods. Main motives of dispute resolution are to stop conflict, settling
the issue and resolve the underlying issue which caused problems.
Finally, it can be concluded that the method of resolving any particular dispute
often varies depending on various situations which may include the
complexity of the case, parties involved, intent of each party and beliefs of
parties involved.