nuances of arbitration and conciliation act, Cheat Sheet of Law

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Chapter - IV Mediation Training Manual of India CHaAPTER-IV COMPARISON BETWEEN JUDICIAL PROCESS AND Various ADR PROCESSES JUDICI PI ‘ESS 1, |Judicial process is an adjudicatory process where a third party (judge/ other authority) decides the outcome. ARB: ON Arbitration is a quasi-judicial adjudicatory process where the arbitrator(s) appointed by the Court or by the parties decide the dispute between the parties. MEDIATION Mediation is a negotiation process and not an adjudicatory process. The mediator facilitates the process. Parties participate directly in the resolution of their dispute and decide the terms of settlement. 2. |Procedure and decision are governed, restricted, and controlled by the provisions of the televant statutes. Procedure and decision are governed, restricted and controlled by the provisions of the Arbitration & Conciliation Act, 1996. Procedure and settlement are not controlled, governed or restricted by statutory provisions thereby allowing freedom and flexibility. 3. | The decision is binding on the patties. The award in an arbitration is binding on the parties. A binding settlement is reached only if parties arrive at a mutuall acceptable agreement. 4. | Adversarial in nature, as focus is on past events and determination of rights and| liabilities of parties. Adversarial in nature as focus is on determination of rights and liabilities of parties. Collaborative in nature as focus is on the present and the future and resolution of disputes is by mutual agreement of parties irrespective of rights and liabilities. 5. | Personal appearance or active participation of parties is not always required. Personal appearance ot active participation of parties is not always tequired. Personal appearance and active participation of the parties are required. 6. |.A formal proceeding held in public and follows strict procedural stages. A formal proceeding held in private following strict procedural stages. A non-judicial and informal proceeding held in private with flexible procedural stages. -~