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Negotiation, mediation, arbitration, collaborative law, and litigation are all examples of conflict resolution techniques that can be used to resolve disagreements between parties. The process of resolving a dispute or conflict by meeting at least some of each side's requirements and addressing their interests is known as dispute resolution. Fostering a relationship, examining interests and values independently, appealing to overarching values, and indirect confrontation are all tactics for resolving conflicts.

Due to the inefficiencies and drawbacks of litigation, we are rapidly approaching a point where it will be replaced by alternative dispute resolution (ADR). Although India has not yet reached the point where ADR methods have completely replaced litigation, the legal system is beginning to recognise the benefits of ADR.

Alternative dispute resolution (ADR) refers to a set of dispute-solving techniques that assist disputants in reaching an agreement without having to go to court or litigate the issue. These procedures frequently entail the involvement of a third party who assists them in resolving issues. ADR procedures are frequently utilised in conjunction with the litigation process, as well as with judicial approval.

Types of ADR

ARBITRATION

The Arbitration and Conciliation Act, 1996 governs arbitration in India. It is a type of dispute resolution in which one or more parties are assigned to resolve the conflict. They take on the role of third parties. This neutral third person is referred to as a 'arbitrator,' and the arbitrator's decision, which is essentially a judgement of the case's merits, is referred to as an 'arbitration award.'

The arbitration procedure is informal, and it allows a dispute to be handled peacefully and quickly because it takes less time and costs the parties less money. As a result, when disagreements develop, parties usually choose to arbitrate, particularly in the business world. Big businesses would like to settle conflicts quickly rather than fight long legal battles.

MEDIATION

Mediation is a process in which a third impartial party assists two or more disputants in reaching an agreement. The mediator is the name given to this third party. Through empathy and discourse, the mediator must effectively interact with both parties and employ appropriate negotiation strategies in order to make one party completely aware of the other's position. The parties are in charge of this process.

One of the distinguishing features of this method of conflict settlement is that the mediator is not permitted to render a decision on the disagreement. The solution is agreed upon by both parties, and the agreements are usually non-binding. The mediation process is heavily influenced by the parties, and it is kept totally confidential. If the parties are not pleased with the mediation process, they might file a lawsuit.

NEGOTIATION

Negotiation is a type of dispute settlement in which the parties work together to find a mutually acceptable solution or compromise. There is no third party to arbitrate the problem, so the parties must work together to find a mutually acceptable solution or compromise. During negotiations, the parties can choose to be represented by their attorneys. In India, negotiation is not formally recognized. There are no hard and fast rules for negotiating.

CONCILIATION

In conciliation, a third party, known as the conciliator, meets with each of the parties separately to help them reach a mutually acceptable settlement by fostering discussions between them. The Arbitration and Conciliation Act of 1996 governs conciliation in India.

Conciliation is given for conflicts arising out of legal ties, whether contractual or not, under Section 61.