ADRS

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  • Topic: Arbitration, Alternative dispute resolution, Mediation
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  • Published : October 3, 2013
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Study Material – Alternate Dispute Resolution Mechanism Unit - 1.4.2.3

INDEX
Sr. No.
1.

Title of Article

Author / Source
Anil Xavier

The Social and Economic Facet of
Alternative Dispute Resolution

Page No.
4 - 21

Advocate and an IMI
Certified Mediator
President of Indian
Institute of Arbitration &
Mediation

2.

Knowing: Alternative Dispute Resolution

Mr. Arvind Agrawal

22 - 28

3.

Enforcement of Arbitral Awards

Mr.Dhyan

29 - 37

Chinnappa
1
 

 

Advocate, Dua Associates,
Bangalore
4.

Mediation - Its Importance and Relevance

Justice R.V Raveendran

38 - 55

Former Judge Suprme
Court, India
5.

Mediation – realizing the potential and
designing implementation strategies

Dr. Justice Dhananjaya Y.
Chandrachud

56 - 68

Judge, High Court of
Judicature at Bombay
6.

Mediating Mediation In India

Hiram E. Chodosh

69 - 99

Senior Scholar, Indian
Law Institute, New Delhi
7.

Mediation: Constituents, Process and Merit Justice S.B Sinha

100 - 107

Chairman, Telecom
Disputes Settlement and
Appellate Tribunal
(TDSAT)
8.

The Need For Mediation Training

Lalit Mohini Bhat
Senior Mediator-Trainer
& Advocate Supreme
Court

2
 

 

108 - 112

Index for Print Articles
Sr. No.

Particulars

Source

Page no

01

Subject Curriculum

Handbook

113 - 115

Book-Towards Legal
Literacy: Introduction
to Law in India.

116 - 122

02

03

04

Alternate Dispute
Resolution Mechanisms
by Jaya V.S.

Alternatives to
Litigation in India by
P.C.Rao

Foreword by Fali S
Nariman Senior
Advocate, Supreme
Court of India

Edited by:K.Sankaran
& Ujjwal
K.Singh,Oxford
press,2008
Book-ADR-What it is
& How it works
Edited by-P.C.Rao &
William Sheffield,
Universal Publications2002
Book-Mediation
Practice & Law
The path to successful
dispute resolution bySriram Panchu ,Senior
Advocate,
LexisNexisButterworths
Wadhwa, Nagpur,2011

 

 

 

 

 

3
 

 

123 - 131

132 - 140

The Social & Economic facet of Alternative Dispute Resolution – Indian Perspective
by ANIL XAVIER

Disputes and its resolution:
Justice is the foundation and object of any civilized society. The quest for justice has been an ideal which mankind has been aspiring for generations down the line. The resolution of dispute has a very long history and the true determination of its beginning lies in the history of the origin of the evolution of man. Mankind in different ages in different communities has resolved disputes using various methods – harmoniously or by coercion and force. The object of dispute resolution is to ensure continued peaceful co-existence among the people as well the maintenance of equilibrium and growth of the society as a whole.

Mediation and Arbitration as dispute resolution mechanisms are as ancient as the history of man. The main philosophy underlying the relevance and growth of Alternative Dispute Resolution (ADR) methods like mediation and arbitration is that it is quicker and cheaper and above all parties have a level of control of the process and the advantage of having a continued harmonious co-existence even after the process.

Mediation is a process by which a third party brings together the opposing groups not only to iron out the differences between them but also to find answer to such problems. It is a flexible, non-binding process in which a neutral third party (the mediator) assists two or more disputants to reach a voluntary, negotiated settlement of their differences. The parties have ultimate control of the decision to settle and the terms of resolution and the mediator is not empowered to impose any decision. On the other hand arbitration is the reference of a dispute or difference between not less than two parties for determination, after hearing both sides in a judicial manner, by a person or persons other than a Court of competent...
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