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Alternative Dispute Resolution (ADR) and its Mechanisms
Alternative Dispute Resolution (ADR) and its Mechanisms
- ADR is a method of dispute resolution that is non adversarial, i.e. working together considerately to reach the best declaration for everyone.
- ADR can be involved in sinking the burden of litigation on courts, even as delivering a well-formed and gratifying understanding for the parties concerned.
- It provides the occasion to "enlarge the pie" all the way through imaginative, mutual bargaining, and fulfill the interests pouring their demands.
- ADR is commonly classified into the following types:
- Arbitration:
- The dispute is submitted to an arbitral tribunal which makes a decision (basically known as “Award”) on the dispute that is generally obligatory on the parties.
- It is not as much of formal as a trial, and the rules of evidence are frequently relaxed.
- In general, there is no right to appeal an arbitrator's decision.
- Apart from for some interim measures, there is very modest scope for judicial involvement in the arbitration process.
- Conciliation:
- A non-binding modus operandi in which an unprejudiced third party, the conciliator, assists the parties to a dispute in reaching a communally acceptable agreed settlement of the dispute.
- Conciliation is a less formal form of arbitration.
- The parties are free to accept to or decline the recommendations of the conciliator.
- However, if both parties accept the settlement document drained by the conciliator, it shall be final and binding on both.
- Mediation:
- In mediation, an unprejudiced person called a "mediator" helps the parties try to reach a communally acceptable resolution of the dispute.
- The mediator does not settle on the dispute but helps the parties correspond so they can try to clear up the dispute themselves.
- Mediation pulls out of control of the conclusion with the parties.
- Negotiation:
- A non-binding modus operandi in which deliberations between the parties are initiated without the involvement of any third party with the object of inward at a negotiated conclusion to the dispute
- It is the most widespread method of alternative dispute resolution.
- Negotiation usually take place in legal proceedings, business, non-profit organizations, and government branches, among nations and in personal situations such as marriage, divorce, parenting, and everyday life.
Advantages of ADRs
- The declaration of disputes takes place usually in private – helping maintain privacy.
- It is more feasible, financial, and proficient.
- Bureaucratic flexibility saves precious time and funds and nonexistence of stress of a conventional trial.
- This frequently results in inventive solutions, sustainable outcomes, greater pleasure, and enhanced associations.
- The odds of ensuring that specialized expertise is accessible on the tribunal in the person of the arbitrator, mediator, conciliator or unbiased adviser
ADR in India
- The Legal Services Authorities Act was passed in 1987 to persuade out-of-court settlements, and the new Arbitration and Conciliation Act was enacted in 1996.
- Procedure for plea-bargaining was incorporated in the Code of Criminal Procedure in 2005.
- Lok Adalat or "people's court" comprises a familiar setting which facilitates consultation in the company of a judicial officer in which cases are dispensed exclusive of unwarranted prominence on legal technicalities. The order of the Lok-Adalat is final and obligatory on the parties, and is not appealable in a court of law.
- Arbitration
- Mediation
- Concilation
