Inthis article I am going to telling about the mediation and negotiation. It howcan be usefull and how can we resolve to disputes between the two or person orbetween two or more parties through the mediation and negotiation easily andquikly. Mediation is the good process to resolution of disputes. In the processof mediation any one person or a group of persons does works as a mediator betweenthe parties who are involve in the disputes. And in the first mediators contactwith one party and trying to know about the disputes and the one’s conditionwith the other party.
Afterward mediator contacts with the second party andtrying to his intention with the other party. After that mediator are tries tosettlement between the parties with the help of the negotiation to resolve thedisputes outside the courtroom. In the ancient period of time mediation,negotiation and arbitration were other or optional way of the resolution to thedisputes between the disputants. This way resolution of the disputes acceptedall over the world not only in India. Thereby, settlement of disputes with thehelp of any way except regular legal system like as, mediation, negotiationetc. so we can say that these are alternative means of settlement of disputes.
All the same, In the eye of law of arbitration the settlement through theprocess mediation and negotiation assumed as the alternative means. India is acountry of villages and rural people are resolved to settle disputes by theheads of rural intellectuals and villages.Mediation isessentially a dialogue that involves a third party that is knowledgeable ineffective negotiation processes and can help people coordinate their activitiesin the struggle and become more effective in their bargaining. Arbitration isan extension of the negotiation process in which it is going to expand thebargaining in a new format and use the arbitrator, which contributes to the newvariables and mobility in contact with the controversial. Nowadays the exerciseof mediation and negotiation it has also become necessary because at this timethe number of cases is increasing very fast.
And in the course of time, can’t beresolving the disputes. Translation errorLooking at all this, it seems that in the future, there willbe a distraught problem in front of the country. If this continues, then in thefuture it will be very difficult to resolve this problem .if we looking ofpresent condition of the judiciary so we know that the judiciary is bettlingthe lawsuits and cases. Also make a law Arbitration and Conciliation Act, 1996 for developing ADR (Alternative DisputesResolution) system.Nowthe question is why to go for these alternative means? It’s because that, In the Present time aboutthree and a half million cases is pending in the Indian judiciary whose is thevery big quantity.
And in future this figure there is possibility of furtherincrease. Some of the main reason of this is also that every year making a new- new law by the government. And in the future use of these rules andpossibility of misuse increases. Day by day the number of cases is increasingand the number of judicial corporations is reading less. So the number ofjudges is less in judicial corporation of the country. This reduction will sodown the country’s law and order.
In the last twodecades, crime has increased very fast, so in today’s time, this burden may bereduced by using mediation in judicial spending. Section 89 of the Code (CPC Amendment Act, 1999) of Civil Procedure: asper this section we can settle of the disputes with the help of the otherprocedure other then inside the courtroom. (1) Where inthe Court it appears that there exists elements of a settlement that can beacceptable to the disputants, the Court prepared the settlement conditions andgave their comments to the parties and after observing the parties they gavethem to the Court may reformulate the terms of a possible settlement and referthe same for – a) Firstly courtrefer to the Arbitrationb) Secondlyrefer for the conciliationc) Thissub-section give the direction to go to Lok Adalat for the settlement ofdisputesd) Its gavethe direction for process of mediation(2) Where adispute has been referred –a) Whenever any disputes has been referred forarbitration or conciliation, than in this matter the provisions of theArbitration and Conciliation Act, 1996 shall be apply as if the proceedings forarbitration or conciliation were referred to the settlement under theprovisions of that Act; b) Wheredispute has referred to Lok Adalat, in this condition the Court will refer to the Lok Adalat as perthe provision of sub-section (1) of section 20 of the Legal Services AuthorityAct, and all the Act shall can be apply in view of disputes because referred tothe Lok Adalat.