Alternate Dispute Resolution and Mediation as a Recognised Way to Achieve Effective and Efficient Conflict Resolution

Abstract

This research paper explores the concept of ADR with respect to its most popular mode known as Mediation. The emphasis is placed on the concept of Alternative Dispute Resolution (ADR) and the role of Mediation as the effective and efficient resolution of conflicts. The attention of the paper is turned to a method of ADR known as mediation, which has roots in ancient history and is used today in various spheres.

The concept of ADR is being traced from various historical eras starting from ancient civilizations to modern day India, as an overview. Different cultures around the world have been able to mould ADR to their preference, instead of purely relying on courts, enabling them to resolve disputes via negotiation, mediation, and arbitration. This only connotes how rich the heritage of ADR is.

The paper focuses on specially on Mediation process, here the goal of mediation is reaching an agreement acceptable for all parties involved and its main principles include voluntariness, confidentiality, impartiality, satisfaction and without prejudice. Trust and opinion sharing between parties is crucial to establish a broader base of the matter referred to mediation where varying solutions can be accepted without prejudice.

The process of mediation improves the costliness of conflicts, the flexibility and efficiency of achieving the required goals while also safeguarding peoples’ bonds. This paper also highlights and elaborates on significant topics like the urgency and nature of mediators.

Next, the paper focuses on the Mediation Council of India, an autonomous organization. Then it moves on to explain the regulatory framework for mediators in India by housing the Mediation Council of India, as well detailing the composition Structures of the council, its functions, and indeed how this council contributes to the promotion of peaceful resolutions to conflict.

The paper goes on further to analyze the mediation process, referring to and including detailed methods on how to refer a case for mediation, how to prepare for the mediation process, and how to navigate through the mediation process itself. It further expands on what types of cases are suitable for mediation practice.

Last but not least, the paper goes on to underline the main advantages of mediation: conflict resolution without litigation, lowered costs, shortened time, protection of relationships, and the enhancement of empowerment. Starting by these points comes openly the realization of mediation as a tool for conflict resolution. Mediations transforms society into a culture of peace and changes the society into a fairer one.