IOSR-JHSS   Volume-4 ~ Issue-3 ~ Nov-Dec-2012

Paper Type	:	Research Paper
Title	:	Conciliation as an Effective Mode of Alternative Dispute Resolving System
Country	:	India
Authors	:	Dr. Ujwala Shinde
	:	10.9790/0837-0430107
Downloads : Times

Abstract:In the last two or three decades, Alternative Dispute Resolving System i.e. ADR initiatives have mushroomed in developing and developed countries alike. But despite their popularity, many questions remain unanswered regarding their actual success in increasing efficiency and in broader access to justice. Recent research on ADR in the United States and also our own observations in some ADR methods as adopted in India suggests that participants are generally pleased with the conciliatory, comprehensible, and flexible procedures of ADR. Arbitration as one of the modes of ADR was considered to be a cheap and efficacious remedy. Now the situation is completely reversed. Arbitration proceedings have become too technical and expensive. It is not only the fees of lawyers but also of the arbitrators, which have started pinching the parties. Through this paper I am emphasizing that, resort to conciliation, directly or through a trusted common person/ institution, is the only remedy to achieve early success. The basic aim is there should be settlement between the parties & no party should feel as aggrieved instead of lost & win situation, there should be won - won situation for both Parties.
Keywords: adr, arbitration, access to justice ,conciliation,remedy

[1] Wharton‟s LAW LEXICON 227( 14th edn,1937, Indian reprint-1993).
[2] Halsbury‟s Laws Of England 4th Ed, Vol. 2, paragraph 502.
[3] Guru Nanak Foundation V. Rattan Singh & Sons, AIR 1981 SC 2075.
[4] Haresh Dayaram Thakur V. State of Maharashtra, AIR 2000 SC 2281: 2000 AIR SCW 2058
[5] Mysore Cements Ltd.v. Svedala Barmac Ltd., 2003 (1) Arb LR 651 (SC).
[6] Haresh Dayaram Thakur V. State of Maharashtra, AIR 2000 SC 2281: 2000 AIR SCW 2058
[7] Fakirchand V Bancilal AIR 1955 Hyd 28FB
[8] Lachoomal V Radhey Shyam. AIR1971 SC 2213
[9] Article 39(a) of the Constitution of India.
[10] Early neutral evaluation, as currently employed in the Federal District Court, Northern District of California, has achieved notable
success in helping civil litigants to reach consensual settlements.

Abstract:The productivity of labour is an indispensable condition for the prosperity of enterprises and the well being of the workers and their families. While the production facilities at workplace and the remuneration are important, attitudes towards work, and the value placed by the society on dignity of labour are equally important in influencing the productivity of labour. This paper tries to identify the factors that promote positive motivational behaviour among the workers as to improve production in the industries on the basis of primary data collected from 300 respondents( male = 180, female = 120), randomly selected in 10 handicrafts & cottage industries of Odisha, one of the state of India. Furthermore the study will identify the satisfaction and dissatisfaction level of employees in the handicrafts & cottage industries of Odisha, since these are important characteristics in the workplace. Findings suggest that there is a direct and positive relationship between motivational factors as human resource policy, allowances, labour welfare measures and job satisfaction and job relation with the labours' productivity level. So, a provision for better wage and salary structure, regular promotion, assurance of adequate job security and bonus for excellent performance as well as proper time to time training and education are the important factors for the growth and development of handicrafts & cottage industries of Odisha,
Key Words: labour productivity, human resource policy, job security, non-monetary incentives, working environment.

[1] Dr.Sucharitha, Dr.J.U.Maheswar Reddy, and Dr.Reecharanjansingh(2012) , "The impact of flexible work arrangements in selected
IT sector-an employee perspective‟, International Journal of Research in IT & Management, Volume 2, Issue 2 PP 882-896
[2] Dale S. Rose, Stuart D. Sidle and Kristin H. Griffith (2007) Organisational Research Methods, Volume10, Issue 2, PP 225-246.
[3] Gupta B. (1975) Labour Incentive in India of Iron and Steel Industry Research Abstract Quarterly, PP 171- 176.
[4] Kalburgi ,Mohammed Javed and G.P ,Dinesh. (2010) "Motivation as a tool for productivity in Public sector unit" Asian Journal of
Management Research PP 147-152
[5] Lawler E.E (2003), Treats people right. San Francisco: Jossey-Bass Inc.
[6] Mathew H.( 1983), "Developing employment package attracting and retaining best employees‟, Management Decision, 28, 6.
[7] Navdeep Kumar1, Pankaj Garg(2011), "Impact of motivational factors on employee‟s job satisfaction- A study on some selected
organization in Punjab, India‟ ,Asian Journal of Management Research ,Volume 2 Issue 1, 2011 PP 672-683
[8] Sharma A.M. (1991) Understanding Wage System, New Delhi, Himalaya Publications.
[9] Wadhwa ,Daljeet Singh, Verghese ,Manoj, Wadhwa ,Dalvinder Singh (2011) , "A Study on Factors Influencing Employee Job
Satisfaction -A Study in Cement Industry of Chhattisgarh‟, International Journal of Management & Business Studies Vol. 1, Issue
3, PP 109-111

Abstract:Sociological and social anthropological research studies on the Muslim society in India with particular reference to the women of West Bengal are negligible causing immense loophole in our insight and understanding the Muslim society from empirical point of view. Because of this fact, we hardly know about their society, economy, social structure, social organization, culture, social problems, social change and developmental processes, gender studies of the Muslim society. The present paper is a modest attempt to examine the socio-economic situation of the largest religious minority population compared to other religious minorities of the state generally, and the status of Muslim women of West Bengal in particular. An attempt has also been made to highlight the socio-economic backwardness prevailed among this group of people from historico-religious perspective and to find out the factors contributing as a bottleneck in their development and social change.
Key Words: Muslim Women, Minority, Situation, Development.

[1] J. Scott and G. Marshall (Eds.), Oxford Dictionary of Sociology (New York: Oxford University Press Inc., 2009).
[2] M. F. Abraham, Contemporary Sociology: An Introduction to Concepts and Theories (New Delhi: Oxford University Press, 2009).
[3] J. Rehma n and H. Hof f l er , Regional / Int ernat ional Frameworks of Minor i ty Prot ect ion in Europr a nd Sou th
Asia in S. K. Da s (Ed.) , Minori t ies in South Asia and in Europe: A New Agenda , (KOLKATA: SAMYA,
2010) 278-310.
[4] T. Mahmood, Minorities Commission: Minor Role in Major Affairs (New Delhi: Pharos Media & Publishing (P) LTD., 2001).
[5] S. R. Mondal, Muslims in India: An Enquary into their Minority Status, Backwardness, Special Rights and Development Problems,
J. Indian Anthrop. Soc. 27, 1992, 149-160.
[6] A. Shariff, National Sample Survey Organization (NSSO), 43RD ROUND, 1987-88, quoted in Sebastian Vempeny, Minorities in
Contemporary India (New Delhi: Kanishka, 2003) 92.
[7] W. W. Hunter, The Indian Musalmans 3rd edition (Delhi: Indological Book House, 1969).
[8] R. Besant, and A. Shariff, The State of Muslims in India in R. Besant and A. Shariff (Eds.), Oxford Handbook of Muslims:
Empirical and Policy Perspectives, (New Delhi: Oxford University Press, 2010) 1-23.
[9] S. R. Mondal, Educational Status of Muslims: Problems, Prospects and Priorities (New Delhi: Inter-India Publications, 1997).
[10] Z. Hasan and R. Menon, Unequal Citizens: A Study of Muslim Women in India (New Delhi: Oxford University Press.,2004).