MEDIATION : NEW APPROACH FOR DISPUTE RESOLUTION
Taking a cue from the fact that Arbitration has proved to be not that much successful Alternative Dispute Resolution method , Mediation seems to be a best alternative.
For any disputes or conflicts that may occur in industries and Trade, Mediation will be an effective tool to defuse the conflict and help to end up in an amicable settlement. Usually there will be an Arbitration clause in almost all commercial agreements, but inclusion of Mediation clause would also help to resolve the conflict within a minimum time period without much financial implications and all the more keep the business relationship intact. The popularity and confidence in Mediation and acknowledging Mediation as an effective medium for resolving disputes is slowly gaining ground. The relevance of Mediation can very well be seen from the fact that the CPC has been amended with the insertion of Sec 89 viz. settlement of disputes outside the Court.
Mediation and its systematic approach has not gained much popularity in our country compared to other Countries. In certain countries Mediation has been identified as the first course of ADR before taking it to litigation.
As I said earlier, ADRs or Alternative Dispute Resolutions are various modes of resolving disputes that become handy in the case of commercial disputes. Most common ADRs are Arbitration, Conciliation and Negotiation. All the three modes are mostly directed settlements, either it will be forced on one party or the settlement is influenced by various extraneous factors. Internationally Mediation has been acknowledged as a best and fastest mode in resolving Commercial disputes, Family disputes ,family matters , construction field etc.
The Indian Institute of Arbitration and Mediation (IIAM) , Cochin , is one of the pioneer institutions in India dealing with ADR, and is in the field of DPR or dispute prevention management. It is formed for the purpose of promoting Mediation and the Institution is affiliated to the International Mediation Institute (IMI) at the Hague. It assists the Indian Corporates in reolving trade disputes through Mediation. It has accredited and trained Mediators in its roles.
Venkitachalam J
35B S &P Lake view
