Conciliation as an Effective Mode of Alternative Dispute Resolving System

Abstract

In the last two or three decades, Alternative Dispute Resolving System i.e. ADR initiatives have mushroomed in developing and developed countries alike. But despite their popularity, many questions remain unanswered regarding their actual success in increasing efficiency and in broader access to justice. Recent research on ADR in the United States and also our own observations in some ADR methods as adopted in India suggests that participants are generally pleased with the conciliatory, comprehensible, and flexible procedures of ADR. Arbitration as one of the modes of ADR was considered to be a cheap and efficacious remedy. Now the situation is completely reversed. Arbitration proceedings have become too technical and expensive. It is not only the fees of lawyers but also of the arbitrators, which have started pinching the parties. Through this paper I am emphasizing that, resort to conciliation, directly or through a trusted common person/ institution, is the only remedy to achieve early success. The basic aim is there should be settlement between the parties & no party should feel as aggrieved instead of lost & win situation, there should be won-won situation for both Parties.