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ISSN 2063-5346
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MED ARB: FUTURE OF DISPUTE RESOLUTION IN INDIA

Main Article Content

Dr. Ashutosh Mishra
» doi: 10.31838/ecb/2023.12.s1.126

Abstract

Alternative dispute resolution mechanism include arbitration , mediation, conciliation which basically promotes out of the court settlement so that the lengthy and tiring process of litigation can be avoided and there could be speedy and effective disposal of cases . Thus Indian Arbitration and Conciliation Act 1996 was introduced to give effect to the awards passed under these settlements. Med Arb combines both the features of standalone Mediation and Arbitration. Its flexibility may become an edge for the people to adopt this method of dispute resolution. Also its ability to overcome the disadvantages of standalone Arbitration and Mediation makes it a step forward towards a new era. The Med Arbiter has to be so neutral that whatever facts or insights known by him during the mediation phase should not be used during the arbitration to resolve the dispute as can be said that it’s the responsibility of the mediator to not to hamper the process of justice. The following arbitration process develops the minds of the parties as well as med arbiter to settle the dispute which itself makes it more effective than standalone mediation and arbitration.

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