Alternate Dispute Resolution- ADR
Alternate Dispute Resolution (ADR) is an alternative form of settlement of disputes between the parties. This settlement occurs outside the court where the parties refer to an Arbitrator, Mediator or a Conciliator to resolve their disputes. It is an alternative legal process of providing faster remedy to the party. The acknowledgement of ADR has been on a rise in the field of law as well as in the commercial sector.
It has been emerging as an effective method and process of resolving disputes because it saves the parties from the tiresome process of litigation. It ensures a faster remedy to the aggrieved party and is also cost effective. It saves the parties from facing the inadequacy of the functioning of the courts.
ADR has also created a great impact in the commercial world by welcoming new techniques and methods to resolve the disputes of people, unlike the legal system that refuses to adopt any new means in the process of rendering justice to the parties. With nearly 3 crores cases pending before the courts in India, ADR is proving to be the best substitute for such pending cases.
Pursuing a career as an Arbitrator, Mediator or Conciliator is one of the best options as the demand for them is on a rise. They are the emerging future in providing a speedy justice and remedy to the people out there.
WHO IS AN ARBITRATOR, MEDIATOR AND CONCILIATOR?
- Arbitrator-
Arbitrators are the people who act as an impartial third party to decide the case and provide remedy to the aggrieved party. They hear out both the sides and then give a decision regarding the case. They are generally retired judges or attorneys who are specialized in the particular field of disputes that they resolve. There is either one arbitrator or a panel of 3-4 arbitrators to decide upon the case. The decision of an Arbitrator is binding upon the parties.
- Mediator-
A mediator acts as a neutral person who helps to resolve disputes between the parties. Unlike an arbitrator, the decision of the mediator is not binding upon the parties. The mediator facilitates between the parties by providing them effective suggestions. They help the parties come down to a mutual agreement which is beneficial to both. He/she usually creates a win-win situation between the parties. If the parties aren’t satisfied with the mediator’s decision, they are free to consult any other authority for their dispute resolution.
- Conciliator-
The role of a conciliator is more or less similar to that of a mediator. A conciliator talks to both the parties individually, understands both the sides, and then provides necessary solutions. Here, the parties are required to decide in advance whether they will be undertaking the recommendations given by the conciliator.
REQUIREMENTS TO PURSUE A CAREER IN ARBITRATION, MEDIATION OR CONCILIATION
There are only few basic requirements in order to pursue career in any one of the fields mentioned above
- DEGREE REQUIREMENT
In order to become an arbitrator, mediator or conciliator, one is supposed to have a bachelor’s degree from either a law college or from a common MBA college.
Completing a degree in subjects that specialize in any of the above three fields is always beneficial and provides one with extensive knowledge of the profession.
- WORK EXPERIENCE REQUIREMENT
Arbitrators, mediators and conciliators usually are lawyers who have gained a sufficient experience in fields such as finance, family law, construction, insurance etc. Other than lawyers, retired judges usually have the chances to become any of the one mentioned above. Any lawyer, along with a little experience must have a deep knowledge of the field that they specialize in.
- TRAINING EXPERIENCE
Mediators are usually required to work under a trained and experienced conciliator before starting to work independently. Training for all the three can also be done through various independent training programs, organizations at local and national level and through volunteering community programs.
- LICENCE AND REGISTRATION
There is usually no license requirement on the national level to pursue a career as an Arbitrator, mediator or conciliator in India.
Qualification standards may however vary from state to state. Such as, some states may require a training period of minimum 40 hours while some may require even more in order to get certified. Some states may also require a license of the field that they specialize in. Such as, there may be courts that requires one to be a licensed attorney or certified public accountant, etc.
Pursuing a career in Arbitration, mediation or conciliation can prove to be extremely beneficial in the near future. Those having interests in these fields, must not loose a chance to undertake it as their career. The requirements too are very simple in India involving no complex process.
One must however mandatorily have qualities such as good listening, writing, reading, interpersonal and decision-making skills. One must have the skill of problem solving which is the most required in these fields. Thus, the ones interested need to only work upon polishing these skills and can ace themselves as an Arbitrator, mediator or conciliator.