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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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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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ADR: The legal necessity for Post Covid India

Name – Garvit Bhardwaj College - Faculty of Law, University of Delhi "Discourage litigation, persuade your neighbors to compromise whenever you can. Point Out to them how the normal winner is often a loser in fees, expenses, cost and time"- These words of Abraham Lincon have passed the test of time as to how reduced litigation can be beneficial for society. But a highly commercialized and developing society like ours is bound to face disputes which shift the emphasis from avoiding litigation to providing faster means to resolve unavoidable conflicts. The unprecedented COVID-19 crisis is likely to lead to an upsurge in the number of cases before the judiciary. For instance, consumer, tenancy, and labor disputes are likely to see a rise soon and our judicial system stands incapable of handling them effectively. The Indian Judicial system, even after 75 years of independence, is still facing crippling backlogs and delays. Approximately 73,000 cases are pending before the Supreme
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