We are pleased to announce that we have expanded Lexis®
Practical guidance portfolio with one more module - Alternative
Dispute Resolution.
Litigants in Indian court proceedings often experience
significant delays and associated cost, which create hindrance in the
timely delivery of justice. The objective of Arbitration &
Conciliation Act, 1996 is to curb this issue of excessive cost and take care
of the timely settlement. The primary aim of any mechanism of Alternative
Dispute Resolution (ADR) is to resolve a conflict between parties without
resorting to a judicial trial.
Arbitration, conciliation and mediation are the most
commonly used Alternative Dispute Resolution mechanisms that are
currently available in India and this Alternative Dispute Resolution
module provides an in-depth practical guidance for using these mechanisms
to resolve disputes.
Arbitration is the closest
to a formal adjudicatory process. Here, parties agree in advance to refer
future disputes to a neutral third person or to a panel of individuals
(sole arbitrator/arbitral tribunal).
Conciliation is a procedure
where a neutral third party (conciliator) enables and assists the
disputing parties to arrive at an amicable settlement.
Mediation is defined as a voluntary, structured
process of Alternative Dispute Resolution where the disputing parties
choose an impartial third party who uses specialized negotiation
techniques and communication to help the partaking parties to come to a
mutual settlement.
The Alternate Dispute Resolution module covers domestic
arbitration to include prerequisites, invocation of arbitration, arbitral
meetings, hearings and arbitral awards. This module also throws light on
the international and institutional arbitration practices that would
guide parties to choose the seat of arbitration and facilitates selection
of institutions. It also deals with the practicalities involved in
process of conciliation and mediation.