Logo

Synopsis Conflicts affect the smooth flow of business and, therefore, settlement of disputes is imperative. Heaps of disputes are referred to courts for resolution. Settlement through courts may be time-consuming and highly expensive. Alternative dispute resolution (ADR) is an important alternative to litigation. Commercial disputes have become an international concern with the increase in trade relations allover the world. ADR plays a vital role in the settlement of commercial disputes arising from relationships of commercial nature, whether contractual or not. ADR processes and techniques help settle disputes between parties by applying any one of the methods such as arbitration, mediation (conciliation) or negotiation. Mediation is a method of peaceful settlement of disputes through the participation of a third party in negotiation between the disputing parties. In the process of mediation, as the agreement arrived between the parties is with the consent of both, it is a win-win situation. Here, the mediator must be acceptable to both parties and should have no interest in the dispute other than that of achievement of a peaceful settlement. The significance of ADR system is perceived the world over. This Book explores the concept, evolution, legality, adoption, procedures and future outlook of mediation (conciliation) under ADR. Various case studies which deal with practices relating to mediation (conciliation) in various countries are also included. Perspectives of different countries like India, China, the United States of America, the United Kingdom and Sweden are analyzed.