Disputes in management and execution of contracts contribute to huge losses upsetting the time schedule. Law professionals can be suitably engaged to eliminate scope for disputes and for efficient operation of contracts.
It is a technique for the resolution
of disputes outside the courts,
where the parties to a dispute refer
it, to one or more persons (the
arbitrators) by whose decisions
they agree to be bound.
Conciliation Act, 1996
Based on UNCITRAL Model Law on
international commercial arbitration and
The process of arbitration can start only
if there exists a valid arbitration
agreement between the parties prior to
the emergence of the dispute.
Arbitration can be either voluntary or
A settlement of a dispute or
controversy by setting up an
independent person between two
contending parties in order to aid
them in the settlement of their
A mediation has often been defined as
The mediator’s primary role is to act
as a neutral third party who
facilitates discussion between the
Mediation differs from arbitration in
which the third party (arbitrator) acts
much like a Judge but in an out ofcourt less formal setting but does not
actively participate in the discussion.
Advantages of Mediation
Cost of litigation much less
Conciliation is an ADR process
whereby the parties to a dispute
use a conciliator who meets with
the parties separately in an attempt
to resolve their differences.
Any party can request the other party to
appoint a conciliator. One conciliator is
preferred but two or three are also
If a party rejects an offer to conciliate,
there can be conciliation.
Non-adversial nature of proceedings
Voluntary nature of process
Decisions are recommendatory
1. ‘Lok Adalat’ means people’s court.
2. There is no court fee; and no rigid
3. Pending cases in regular courts can
be transferred to a Lok Adalat, if
both the parties agree.
4. The focus on ‘Lok Adalat’ is on
compromise. When no compromise
is reached, the matter goes back to
5. Every ‘Lok Adalat’ is deemed to be
a civil court.
ADVANTAGE OF TIMELY
COMPLETION OF PROJECTS
L&T ‘s Q2 net up 42.5% on
completion of projects.
Timely completion of projects with
optimal use of resources not only
influences the profitability of the
company but also gives it
The process of dialogue mutual
accommodation and a positive
approach would contribute to