Abstract

Mediation and conciliation are the non-adjudicative approaches to ADR, which primarily envision a client centric process with the view to air grievances with a neutral third party to facilitate communications. Arbitration, however, “emphasises rights and applications of law,” and an ultimate finality with the decision of the appointed arbitrator. While there are certain key differences with regard to these processes, it seems to be the primary focus of these to increase communication between the parties, offer a degree of privacy and further reduce the burden on the courts. Keeping this in mind, and the fast-paced climate with which many businesses operate, the imperative of having an effective, speedy and private mechanism of dispute settlement is crucial. ADR provides the most viable alternative, keeping in mind the status of civil litigation as it is today.

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