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‘Negotiation’ vs ‘Mediation’ vs ‘Arbitration’

An alternate dispute resolution (ADR) is a method used to resolve issues without resorting to a court case. The different methods of doing so under the ADR umbrella include negotiation, mediation, and arbitration. This article explores the different methods and tries to explain to the readers the pros and cons of the same.  Starting with Mediation, the term "mediation" refers to the procedure wherein parties to a dispute are helped to resolve their differences by a neutral third party that does not favour one side).  The neutral third person is known as the 'mediator', and the mediator helps the parties communicate by acting as the communicator between the two parties. The mediator controls the flow of information between the parties in a reasonable, transparent, and unbiased manner.  The mediators don't take sides, offer counsel, or offer legal advice to any parties. They do not serve in either of these capacities. They help by outlining the points of contention ...
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Fast Track Arbitration in India

In recent years, users and practitioners of international arbitration have raised criticism as regards the length of the arbitration proceedings. Insofar as businesses strive for efficiency, several national arbitration acts and institutional arbitration rules have provided for fast track arbitration (also known as expedited arbitration). ● The Geneva chamber of commerce and industry was the first arbitral institution to introduce rules for expedited procedures in its arbitration rules of 1992, and in 2017, the international chamber of commerce introduced an expedited procedure in its arbitration rules. ● Fast track arbitration can be defined as a full arbitration process compressed into a shorter period for a quicker resolution of the dispute. ● The conditions for the application of a fast-track arbitration vary in each jurisdiction and arbitral institution but have notably in common to apply when the amount in dispute does not exceed a certain threshold. ● Parties can also “o...
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Scope & Importance of ADR

The mechanism of ADR System and its techniques are an extra-judicial remedy to resolve disputes outside the legal fora. These techniques can be used in all those cases, which are capable of being resolved, under law, by mutual agreement between the parties. The scope of ADR is wider and can cover cases of civil nature, commercial, industrial and family disputes or any other cases of urgent nature. The ADR works across the full range of business disputes: banking; contract performance and interpretations, construction contracts, intellectual property rights, insurance coverage, conflicts in joint ventures, partnership differences, personal injury; product liability; professional liability, real estate, and securities. The mechanism of the ADR system may offer the best solution in commercial disputes of an international character. The scope of an ADR System is not intended to supplant existing means of dispute resolution. It offers only alternative options to litigation. There is a large...
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