"Mediation and conciliation are all basically non-adjudicatory dispute resolution processes." State briefly the disadvantages of adjudicatory process which has led to rise of mediation and conciliation process.
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2022
"Mediation and conciliation are all basically non-adjudicatory dispute resolution processes." State briefly the disadvantages of adjudicatory process which has led to rise of mediation and conciliation process.
Answer & Explanation:
Mediation and conciliation are all basically non-adjudicatory dispute resolution processes where neutral third party renders assistance to the parties to the dispute to reach a satisfactory settlement. Following disadvantages of adjudicatory process has led rise of mediation and conciliation process: Delay in resolution of the dispute Uncertainty of outcome Inflexibility in the result / solution High cost Difficulties in enforcement and Hostile atmosphere Thus, Mediation gives a voluntary and flexible negotiated conflict reduction process with the assistance of experts. It involves a structured negotiation where the mediator listens to the parties, ascertains the facts and circumstances as also the nature of the grievance, conflict or dispute, encourages the parties to open up to identify the causes therefore, creates conducive atmosphere to enable the parties to explore various alternatives and ultimately facilitates the parties to find a solution or reach a settlement. In short, it is a professionally and scientifically managed negotiation process.
Topics: Alternative Dispute Resolution (ADR)
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