Good Offices/ Mediation/ ADR
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Good Offices/ Mediation/ ADR
Good Offices
Alternative Dispute Resolution (ADR) helps courts manage their caseloads and resolve disputes peacefully. ADR allows parties to settle their disagreements without going to court, giving them different options to choose from based on their needs. The main options include mediation, conciliation, arbitration, Lok Adalat, and judicial settlement. Additionally, “Good Offices” can assist parties in resolving their disputes effectively.
The term ‘Good Offices’ first appeared in the case of Schooner Exchange vs. M’Faddon (1812), as noted by Justice Marshall. It is often confused with mediation, but Good Offices are a different part of Alternative Dispute Resolution (ADR). This process involves a neutral third party or a state that seeks to help the parties in conflict. They do this either on their own or when asked, using diplomatic methods to encourage the parties to negotiate directly or find other ways to resolve their issues.
Good Offices can come from international organizations or neutral countries that want to help settle disputes peacefully. While they offer various services and support, they do not actively participate in negotiations. Their role ends when the parties start talking to each other. Good Offices aim to bring unwilling parties together for discussion, without getting involved in the negotiation process itself.
Article 33 of the UN Charter states that any dispute that may threaten international peace and security should first be handled through negotiation, mediation, or other peaceful means. The phrase “other peaceful means” includes Good Offices in the international dispute resolution process. Similarly, Article 33 of the UN Watercourses Convention requires parties to resolve their disputes by seeking Good Offices or requesting mediation or conciliation.
This approach works well for regional disputes because it can lead to faster resolutions than court processes. It allows parties to maintain control over the situation with little interference from outside parties. Good Offices focus on encouraging communication and understanding between those involved, helping them find solutions together.
Good Offices/ Mediation/ ADR – Difference
Good Offices distinct from Mediation
Good Offices and mediation are similar but not the same. Good Offices involves a third party who helps bring the parties in conflict together, without joining in the discussions. In contrast, mediation means a third party actively helps the conflicting parties negotiate by facilitating conversations and suggesting solutions.
For instance, British Prime Minister Harold Wilson provided Good Offices to help India and Pakistan reach an agreement to send the Kutch issue to an Arbitral Tribunal. On the other hand, Soviet Union President Alexei Kosygin acted as a mediator in the 1966 conflict between India and Pakistan, which led to the Tashkent Agreement. So, while both Good Offices and mediation aim to resolve disputes, the degree of involvement from the third party differs.
Punjab & Sind Bank v. Allahabad Bank (2006)
This case stated that the Supreme Court directed the government to set up a committee to monitor disputes between government departments and public sector undertakings.
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