Man is a Social Animal who feels comfortable living in a society rather than living in an isolated milieu. But living in a society is not always comfortable; men who live in a society intentionally or unintentionally countenance disputes and those disputes badly joggle their appeasing life. Whenever a dispute arises the parties to the dispute normally prefer to knock the door of the court for resolution of that dispute.
The Dispute resolves there also but it takes an inordinate period of time in getting resolved and during the course of resolution immeasurable money is disbursed by both the parties such as Lawyer’s fees, court fees and convenience charges. There is another method of resolving disputes called Alternative Dispute Resolution (ADR) which is frequently practiced in Western countries mainly the U.K, USA, Canada, and France etc. It has worked effectively in these countries and has played a crucial role in the progress of western Society. Permanent Court of Arbitration is an institute which plays a pivotal role in pacific settlement of dispute among the countries of the world Alternative Dispute Resolution which is comparatively a new term for our society assists in resolving even decades old disputes outside the court. ADR is a process through which a neutral- third person undertakes the responsibility to resolve the dispute between two parties by applying the methods of Conciliation, Mediation, Negotiation and Arbitration. Mediation: Through this technique the parties at the dispute are set free to come to a mutual consensus through dialogue without imposing any particular solution. The Mediator or Arbitrator who conducts the process of mediation helps parties come across different solutions and mutual interest. Beside that the mediator also shoulders many responsibilities such as; exploring the concealed facts related to the dispute, he maintains the decorum of mutual dialogue between the two parties; he shares neutral views so parties could be diverted towards the path of reconciliation. Mediation is followed by negotiations
Negotiations: By this tactic the actual point of dispute is discussed among the parties while here during the discussion the Arbitrator keeps a close eye over both the parties so as to avoid any further rift between the two. After going through the stage of negotiations most of the parties become ready to go for reconciliation after giving away their minor interests that obstructs the way of peaceful settlement of dispute
Reconciliation: At the end of the day the mediator with all his expertise and efforts manages to reconcile the parties at dispute without imposing any harsh sanction or verdict over the parties.
Kamran Khamiso Khowaja (K.K)
Sujawal
