Various Methods of Settlement of Disputes

There are various ways of settling disputes, besides going to court.

In India, it takes years for settlement of disputes as India courts already have a long list of pending cases. The good thing is that people can now opt for other methods of settling disputes.

• Arbitration is a procedure in which two or more parties, who are in dispute because of an agreement, go to an arbitrator (instead of court) who makes a binding decision (on the basis of their knowledge and experience) which is applicable to all the parties.

• Alternate Dispute Resolution (ADR) or external dispute resolution refers to dispute resolution processes and techniques (other than by litigation) that enable conflicting parties to reach a settlement. ADR is a comprehensive term used to refer to the ways that parties can use for settling disputes, with or without the help of a third party.

• Conciliation: As an important ADR technique, conciliation bridges the gap that may arise between parties due to disputes or conflicts. It brings an equilibrium in the concerns of both parties, so that a mutual agreement is obtained. A third party is involved in this process, which tries to mediate and make a compromise between the disputing parties.

• Mediation implies an involvement of a third party called a mediator as a dispute resolution practitioner who facilitates the resolution of disputes between the parties. Mediation take place when: Direct negotiations have failed, or are complex and difficult, or when multiple parties are involved, leading to confusion.

• Negotiation is an informal technique of resolving a dispute, where the parties in dispute directly try to communicate with each other and reach a conclusion. This is a preferred technique of dispute resolution when the parties want to maintain an on-going relationship with each other.

Academic Questions, Case Studies on ‘Settlement of Disputes’

Q. Abhay and Seema have entered into a commercial agreement to license content. However, Abhay did not deliver the content to the satisfaction of Seema. Hence, there are disputes arisen between Abhay and Seema. Abhay and Seema do not want to go through a protracted litigation process in Indian courts. Can you advise them on: a. What should be done to conduct an arbitration between Abhay and Seema to resolve their disputes b. The difference between Arbitration, Conciliation and Mediation? What is the advantages and disadvantages of each of these.