Author : Dr. Bhagyashree Manohar. Deshpande 1
Date of Publication :26th July 2018
Abstract: The essence of the alternative dispute resolution system has existed from the ancient society. It was then regarded as an effective mode of dispute resolution because going to the courts was regarded as a very serious and offending matter. But later the judicial adjudicatory process become very popular because of its binding nature of its judgement. In spite of this fact, the judicial adjudicatory process involved time consuming and cumbersome process, due to which the alternative dispute resolution is preferred. The most significant aspect of the alternative dispute resolution is that it involves a flexible informal and simple procedure. The arbitrator or a mediator or a conciliator is chosen by both the parties to the dispute and hence the parties have faith in them, and even if the binding nature of the solution or the decision is lacking, still the parties have a feeling of acceptance of the decision. The alternative dispute resolution system is effective in speedily solving dispute and granting relief; and hence it is indeed in furtherance of achieving and securing justice.
Reference :
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- Avtar Shingh., Law of Arbitration and Conciliation. (Estern book.com)
- G. K. Kwatra., The Arbitration and Conciliation Law of India: with Case Law of Unicitral Model Law of Arbitration. (Universal law publishing)
- G. K. Kwatra.,Arbitration Made Easy – A Practical Guide. (Universal law publishing)
- O. P. Malhotra.,The Law and Practice of Arbitration and Conciliation. (LexisNexis)
- Dharmendra Rautrey., Principles of Law of Arbitration in India. (Wolters Kluwer)