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Arbitration is a “mechanism for the resolution of disputes which take place usually pursuant to an agreement between two or more parties, under which parties agree to be bound by the decision to be given by the Arbitrator according to law or, if so agreed, other considerations, after a fair hearing such decision being enforceable by law.” Arbitration is, therefore, a process of dispute resolution between the parties through Arbitral Tribunal appointed by the parties to the dispute or by the court at the request of concerned party.
The concept of arbitration is not new to India; there were village panchayats to resolve the disputes. The present law on arbitration is comprehensive and framed in the lines of UNCITRAL Model law. At present arbitration is governed by Arbitration and Conciliation Act, 1996. There are two types of arbitration practiced in India namely Institutional arbitration and Ad Hoc Arbitration, out of the two Ad Hoc arbitration is more prevalent in India and the former is yet to take shape and creep fully into India.
The arbitration practice is gaining importance bec...
Ulrich, G. (1999). Widening the circle: Adapting traditional Indian dispute resolution methods to implement alternative dispute resolution and restorative justice in modern communities. Hamline Journal of Public Law and Policy. 20, (2), 419-452.
Plea bargaining is an arrangement made by both the prosecutors and defense attorneys to have the offender plead guilty to a charge accused of and expecting a lighter sentence than if the offender were to go to trial. A plea bargain is very common in most court cases due to the promise of some form of leniency. When an offender pleads guilty it is the prosecutor's duty to fulfill the promise they made to the offender. Plea bargaining is a long process that takes both parties of a case to agree on a sentence. A plea bargain is not if you are innocent or guilty, the deal is to plead “guilty” for the lesser charge.
Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)
Mediation is typically ordered in types of cases that there is significant emotional ties; creating a potential for hostility, loss of relationships or personal feelings getting in the way of reaching an agreement. Arbitration is the best option for cases where the parties simply cannot come to an agreement and decide to have someone else decide the outcome of the case for them, without the expense and formality of a trial. Arbitration is also useful in highly complex cases where it is necessary to have a highly trained professional come to the
Plea Bargaining is an agreement between the defendant and the prosecutor, in which the defendant agrees to plead guilty in exchange for an agreement by the prosecutor to drop the charges or reduce the charge to a lesser offense or sentence. In American criminal courts, more than 90 percent of convictions are obtained through plea bargains. The idea of using plea bargains can be viewed differently, however plea bargaining is a valuable tool in court and should not be abolished. Plea Bargaining requires less time and work than other trials and reduces overcrowded jails. It allows defendants to receive a lighter sentence and not have to pay attorney fees. Finally, a plea bargain can
There is a collective existence of different forms legal systems, because of the country’s diversity in culture, language and religion. This diversity is able to flourish in India only because of representation of different communities. Diversity and pluralism are acknowledged in India which safeguards the interests of different social groups and communities. This led to law being seen as necessarily pluralistic. However, after colonisation there was an effort made by the British to make law uniform, an essential condition in what was seen as ‘modern law’. Nonetheless, after independence an effort was made to have a pluralistic legal system as this would lead to better representation of different communities. This is how the Panchayati Raj system, a form of local self-government came about. Panchayats were reintroduced in 1992 after the British rule, and there a panchayat in every town of village. The people of the village elect the members of the ‘panch’, whose responsibility is the local administration of the village. In many places, gram panchayats are also known as gram sabhas. In this manner, different forms of legal pluralism shape everyday ordering and disputing in rural and urban India. They relate to formal law as well as customary legal orders equally. The two governance systems interact, which can be termed as formal law and traditional law. Customary law is also termed as unnamed law as it does not refer to a specific basis of
ADR holds an extensive, easily influenced and diverging choice of processes for finding solutions to disputes which are personified by structured negotiation and consensus. It is regarded that arbitration is a familiar ADR technique, however, it is more of an official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution, 1987, p. 11). "The key difference between ADR and those traditional techniques of litigation and arbitration is that ADR techniques are used to produce a resolution to dispute through a negotiated agreement while litigation and arbitration are processes by which a result is imposed on the parties. " We can say that many issues arise with terms.
Negotiation is an important strategy and plays an indispensable role for people to solve the problem in our lives. It is a good way to make both parties find acceptable solution by each parties use tactics to persuade another party to approve his or her viewpoint. The application of the advanced negotiation skills definitely not only brings success in our daily life but also improve people’s work ability. This essay will show my natural preferences for different types of influence tactics which have been utilized in in-class, the understanding of the negotiation and analyze how to use proper tactics at different situations which are based on the role-play activity in tutorial.
An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy. Bibliography Byars, L. L. (1997). The.
This decision is called an award. When an arbitrator is appointed to arbitrate over the dispute, he will ask the parties to retell their sides of the dispute.
The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
Both forms of ADR have several common characteristics. However, one must consider that a neutral side in both procedures fulfils distinct from one another duties. Mediators do not have the objective to make decision, whereas arbitrators determine an outcome of the case. Upon the termination of the procedure, an arbiter renders a binding award that cannot be later avoided by disputants. During mediation, parties are not contingent upon the third side and enjoy freedom of actions needed for dispute resolution. In contrast, in case of failure to reach an agreement, parties are not legally bound for actions afterwards. By considering the true qualities of arbitration and mediation taken individually, legislation and scientists suggest that in single arbitration, arbitrators may use mediators’ functions to promote amicable settlement and functions of both arbitrators and mediators have incongruous
Conflict is unavoidable and connected to a world where different ideas and opinions are challenged. Negative conflict occurs when voices are not expressed appropriately, discussions are not in control or different parties reject moving forward with a solution. There is difficulty resolving disagreements because there are multiple reactions to disputes. However, a positive conflict supports debates without a destructive outcome. They improve communication, introduce principles that are important to others, and reduce chaos. On the other hand, the approach that a person uses to address conflict dictates the outcome they receive. Methods for resolving conflict include avoiding the problem, smoothing out a situation, competing against the ideas
Mediation is a way to solve a dispute without having to resort to court procedure which sometimes could turned out to be rigid, formal and time consuming especially when it needed a lot of paperwork and the possibility of adjournment which could consume years. Besides that, unlike in court, mediator as a third impartial party did not acted as a judge who decides on the resolution however, the mediator will help the parties to explore the needs and issue which before preventing them from achieving a mutual resolution and settlement. The mediation process gave the authority towards the parties to agree with each other and open up the chance for the parties to meet with a resolution at the end of the mediation session.