Impact Of Judiciary On Arbitration And Mediation Proceedings: Need For Uniform Standards

Prof. Begum Fatima, The Central Law College, Salem, Tamil Nadu

“An ounce of mediation is worth a pound of arbitration and a ton of litigation” - Joseph Grynbaum.

Brain science and negotiation theory have advanced rapidly over last decade. But negotiating wisdom dates back to the Bible and Greek Philosophers.

This article mainly discusses about the intervention and exercising jurisdiction by the Indian judiciary in the proceedings of the Arbitration and Conciliation. It viewed that power to be given to the arbitration to decide the referred disputes without any intervention by the courts. The arbitration and Conciliation Act 1996 with number of amendments has been made only for reducing the burden of the judiciary and to the benefit of the public to get confidence in the arbitration proceedings.

Indian judiciary is the main pillar of democratic country to provide social, economic and political justice to the country. The Apex Court of the country has the sufficient power to dispose of cases including Writs and also curtail the powers of the executive and legislature if they go beyond their jurisdiction or violates the basic structure of the constitution. By referring Indian judicial statistics of disposal and pending cases before the various courts, it provides that it is burden on the judiciary as the flowing of cases and it follows the traditional procedure by consuming more time; due to that public lose their patience and confidence because of time consumption for lengthy process.