Arbitration Conciliation and Mediation- Conflict between Formal and Informal Setups
17 Pages Posted: 13 Sep 2012 Last revised: 4 Nov 2019
Date Written: September 3, 2010
Abstract
The ever increasing litigations, the complexity of procedures and the enormous spend of time and money compelled to seek an alternative system for settlement of disputes. The origin of ‘Arbitration’ may be traced back to the age old system of village panchayats prevalent in India. The decisions of the ‘panchas’ were adhered with reverence by the members of the society with a popular belief that they were the embodiment of voice of God. This mode of divine dispensation of justice underwent radical changes with the changing pattern of society and growth of human knowledge and civilization.The complexities of modern commercial transactions in the wake of globalisation of economy have necessitated effective redress mechanism for speedy settlement of domestic as well as international commercial disputes with a view to ensure uninterrupted flow of trade and commerce. This has been possible through measures such as arbitration, conciliation and mediation which are considered as relatively less expensive and speedy as compared with the traditional court proceedings which are expensive, dilatory and involve a complex and cumbersome procedure. Though these are the alternative methods of dispute resolution but they are the formal setups with legal recognition. There are other more informal setups like the caste-panchayats, gram-panchayats etc prevalent in India. This paper attempts to study the various alternative dispute redresal avenues available and the is there any conflict amongst such formal and informal setups.
Keywords: ADR, arbitration and conciliation, informal setups
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