Arbitration as a Means of Resolving Disputes

Abstract

Litigation never makes people get along with each other. In a system where people try to beat each other, someone will always lose. This makes it easy for the two sides to get angry with each other. Alternative Dispute Resolution Mechanisms, on the other hand, are different because they focus on working together to solve problems. But the way to solve a problem depends on what the problem is and how the people involved feel about it (Spier, 2007). Mediation or conciliation can be used as an alternative way to settle a dispute if both sides are willing to work together to find a common goal. Arbitration is the process of resolving a disagreement between two or more parties by sending it to a neutral third party whose decision is considered final and must be followed (Kenny, 2008). The Arbitration and Conciliation Act, 1996, was passed by Parliament to change and bring together India's arbitration laws. The main goal of the Act was to encourage people to settle their disagreements through arbitration and to offer arbitration as a fast and cheap way to settle disagreements (Krishan, 2004). In this paper, the author wants to tackle the problems with how the Arbitration and Conciliation Act is being used. He or she believes that a lot of changes need to be made to both the law and how things are done in order for arbitration to be a good alternative way to settle disputes.