stdClass Object
(
    [id] => 17824
    [paper_index] => 202510-01-024400
    [title] => A COMPARATIVE STUDY ON THE DIFFERENCE BETWEEN MEDIATION CONCILIATION IN INDIA: LAW AND PRACTICES
    [description] => 
    [author] =>  Shanmuga Priyanga.A , Sri Savithri Subbiah
    [googlescholar] => 
    [doi] => 
    [year] => 2025
    [month] => October
    [volume] => 11
    [issue] => 10
    [file] => fm/jpanel/upload/2025/October/202510-01-024400.pdf
    [abstract] => In India nowadays ADR (Alternative Dispute Resolution) plays a major role and it’s becoming more important as it make the process easier and the heavy loads on the courts and burdens are reduced also considered as a time consuming and provides a people faster and more affordable ways to solve the conflicts. Among many ADR methods, mediation and conciliation are often seen as the same, but they are slightly different in law, process and practice. In this paper going to compare both methods and to show the unique features of it. Basically, mediation in India mainly works under the sec 89 of CPC,1908 combined (along) with the rules created by courts and the Mediation and Conciliation project Committee. Therefore, a separate law was made for it but still it lacks in passing the Mediation Bill, 2021. On the other side, conciliation is clearly mentioned under the part III of Arbitration and Conciliation Act, 1996, which makes any settlement reached through conciliation legally binding, similar to arbitral award. The study explores the main differences in how the processes starts and role of the 3rd party neutral, how adoptable the process is, and to check whether the agreement is binding. Mediation is more flexible and it focuses on helping parties to communicate and maintain the relationships. While conciliation is more formal with the conciliator producing the ideas, possible solutions and producing a binding settlement. In practice, mediation is mostly used in matters related to family, matrimonial, and court- referred disputes, whereas conciliation is preferred mostly used in business and industrial conflicts. Finally, both the methods are important to resolve different matters and clearer laws with more awareness makes them effective in solving disputes in India.
    [keywords] => Alternative Dispute Resolution, Faster, Flexible, Family issues, Industrial conflicts, Conciliator, Binding settlement
    [doj] => 2025-10-15
    [hit] => 
    [status] => 
    [award_status] => P
    [orderr] => 44
    [journal_id] => 1
    [googlesearch_link] => 
    [edit_on] => 
    [is_status] => 1
    [journalname] => EPRA International Journal of Multidisciplinary Research (IJMR)
    [short_code] => IJMR
    [eissn] =>  2455-3662 (Online)
    [pissn] => - --
    [home_page_wrapper] => images/products_image/11.IJMR.png
)
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