Adjudication
is the legal process by which
an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by
opposing parties or litigants to come to a decision which determines rights and obligations
between the parties involved. Three types of disputes are resolved through adjudication:
1. Disputes between private parties, such as individuals or corporations.
2. Disputes between private parties and public officials.
3. Disputes between public officials or public bodies.
Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution
of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons
(the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to
be bound. It is a settlement technique in which a third party reviews the case and imposes a
decision that is legally binding for both sides.[1] Other forms of ADR include mediation[2] (a form
of settlement negotiation facilitated by a neutral third party) and non-binding resolution by
experts. Arbitration is most commonly used for the resolution ofcommercial disputes, particularly
in the context of international commercial transactions. The use of arbitration is far more
controversial in consumer and employment matters, where arbitration is not voluntary but is
instead imposed on consumers or employees through fine-print contracts, denying individuals
their right to access the courts.
Arbitration can be either voluntary or mandatory (although mandatory arbitration can only come
from a contract that is voluntarily entered into, where the parties agree to hold all disputes to
arbitration, without knowing, specifically, what disputes will ever occur) and can be either
binding or non-binding. Non-binding arbitration is, on the surface, similar to mediation. However,
the principal distinction is that whereas a mediator will try to help the parties find a middle
ground on which to compromise, the (non-binding) arbitrator remains totally removed from the
settlement process and will only give a determination of liability and, if appropriate, an indication
of the quantum of damages payable.
Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute
(including future interest disputes) agree to utilize the services of a conciliator, who then meets
with the parties separately in an attempt to resolve their differences. He does this by lowering
tensions, improving communications, interpreting issues, providing technical assistance,
exploring potential solutions and bringing about a negotiated settlement.
Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal
standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually
writes no decision, and makes no award.
Conciliation differs from mediation in that the main goal is to conciliate, most of the time by
seeking concessions. In mediation, the mediator tries to guide the discussion in a way that
optimizes parties needs, takes feelings into account and reframes representations.
In conciliation the parties seldom, if ever, actually face each other across the table in the
presence of the conciliator.
The principals and policies of the tripartite body have been a machinery of consultancy at the
industrial and national levels. The tripartite body was established to make peace and improve relations
between management and unions, and maintain smooth functioning of union management relations.
It began as a statutory organization by the recommendation of the Whitey Commission to the ILO in
1931. The tripartite body had to be sufficiently large to ensure sufficient representation of the various
interests involved; encourage representatives of employers, labor and government to meet regularly;
and disallow individual members from making individual contributions to meetings.
The purpose of the tripartite body is to:
a. Bring the aggravated parties together for mutual settlement of differences, and encourage a spirit
of cooperation and goodwill.
b. Promote uniformity in labor laws and legislation.
c. Discuss all matters of All India importance as between employers and employees.
d. Determine a plan for settlement for all disputes.
Negotiation is a dialogue intended to resolve disputes, to produce an agreement upon courses
of action, to bargain for individual or collective advantage, or to craft outcomes to satisfy various
interests. It is the primary method of alternative dispute resolution.
Negotiation occurs in business, non-profit organizations, government branches, legal
proceedings, among nations and in personal situations such as marriage, divorce, parenting,
and everyday life. The study of the subject is called negotiation theory. Professional negotiators
are often specialized, such as union negotiators, leverage buyout negotiators,peace
negotiators, hostage negotiators, or may work under other titles, such
as diplomats,legislators or brokers.
A code of conduct is a set of rules outlining the responsibilities of or proper practices for an
individual or organization. Related concepts include ethical codes and honor codes.
In its 2007 International Good Practice Guidance, Defining and Developing an Effective Code of
Conduct for Organizations, the International Federation of Accountants [1] provided the
following working definition:
"Principles, values, standards, or rules of behavior that guide the decisions, procedures
and systems of an organization in a way that (a) contributes to the welfare of its key
stakeholders, and (b) respects the rights of all constituents affected by its operations."
