In
this article I am going to telling about the mediation and negotiation. It how
can be usefull and how can we resolve to disputes between the two or person or
between two or more parties through the mediation and negotiation easily and
quikly. Mediation is the good process to resolution of disputes. In the process
of mediation any one person or a group of persons does works as a mediator between
the parties who are involve in the disputes. And in the first mediators contact
with one party and trying to know about the disputes and the one’s condition
with the other party. Afterward mediator contacts with the second party and
trying to his intention with the other party. After that mediator are tries to
settlement between the parties with the help of the negotiation to resolve the
disputes outside the courtroom. In the ancient period of time mediation,
negotiation and arbitration were other or optional way of the resolution to the
disputes between the disputants. This way resolution of the disputes accepted
all over the world not only in India. Thereby, settlement of disputes with the
help of any way except regular legal system like as, mediation, negotiation
etc. 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 the
process mediation and negotiation assumed as the alternative means. India is a
country of villages and rural people are resolved to settle disputes by the
heads of rural intellectuals and villages.

Mediation is
essentially a dialogue that involves a third party that is knowledgeable in
effective negotiation processes and can help people coordinate their activities
in the struggle and become more effective in their bargaining. Arbitration is
an extension of the negotiation process in which it is going to expand the
bargaining in a new format and use the arbitrator, which contributes to the new
variables and mobility in contact with the controversial. Nowadays the exercise
of mediation and negotiation it has also become necessary because at this time
the number of cases is increasing very fast. And in the course of time, can’t be
resolving the disputes. Translation errorLooking at all this, it seems that in the future, there will
be a distraught problem in front of the country. If this continues, then in the
future it will be very difficult to resolve this problem .if we looking of
present condition of the judiciary so we know that the judiciary is bettling
the lawsuits and cases. Also make a law Arbitration and Conciliation Act, 1996   for developing ADR (Alternative Disputes
Resolution) system.

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Now
the question is why to go for these alternative means?  It’s because that, In the Present time about
three and a half million cases is pending in the Indian judiciary whose is the
very big quantity. And in future this figure there is possibility of further
increase. 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 and
possibility of misuse increases. Day by day the number of cases is increasing
and the number of judicial corporations is reading less. So the number of
judges is less in judicial corporation of the country. This reduction will so
down the country’s law and order. In the last two
decades, crime has increased very fast, so in today’s time, this burden may be
reduced by using mediation in judicial spending.

Section 89 of the Code (CPC Amendment Act, 1999) of Civil Procedure: as
per this section we can settle of the disputes with the help of the other
procedure other then inside the courtroom.

(1)    
Where in
the Court it appears that there exists elements of a settlement that can be
acceptable to the disputants, the Court prepared the settlement conditions and
gave their comments to the parties and after observing the parties they gave
them to the Court may reformulate the terms of a possible settlement and refer
the same for –

a)      
Firstly court
refer to the Arbitration

b)      
Secondly
refer for the conciliation

c)      
This
sub-section give the direction to go to Lok Adalat for the settlement of
disputes

d)      
Its gave
the direction for process of mediation

(2)    
Where a
dispute has been referred –

a)      
 Whenever any disputes has been referred for
arbitration or conciliation, than in this matter the provisions of the
Arbitration and Conciliation Act, 1996 shall be apply as if the proceedings for
arbitration or conciliation were referred to the settlement under the
provisions of that Act;

b)      
Where
dispute has referred to Lok Adalat, in this condition  the Court will refer to the Lok Adalat as per
the provision of sub-section (1) of section 20 of the Legal Services Authority
Act, and all the Act shall can be apply in view of disputes because referred to
the Lok Adalat.