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All one needs to know about Alternative Dispute Resolution (ADR)
All one needs to know about Alternative Dispute Resolution (ADR)
The oldest judicial system in India is the Indian Judiciary which has played a vital role in the resolution of disputes of the people of the nation. But for now, everyone is aware of the fact that the Indian judiciary has been inefficient in its performance as it is unable to deal effectively with all the pending cases which have been logged a long back. The Indian Judiciary is clogged with long unsettled cases. The Indian Judiciary has worked towards this issue by the settlement of the fast track courts but still, the number of pending cases is piling up and have been unsettled for a long time. In order to overcome this situation, an alternative dispute resolution mechanism is the best way to resolve disputes peacefully and efficiently and the result of which is mutually accepted by both parties.
Alternative dispute resolution is compatible with being a substitute for the standard methods of dispute resolution process in India. ADR is capable and offers the resolution of matters of commercial, civil, criminal, and family law disputes. It the process in which a third party to the dispute which is neutral helps in resolving the dispute between two parties and discusses the discrepancies arising between them.
ADR plays a crucial role in overcoming the drawback of the conventional mechanism of dispute resolution that is court proceedings. It also helps in dealing with the condition of the pendency of cases in the Indian Judiciary. The various modes of dispute resolution under the ADR mechanism are Mediation, Conciliation, Arbitration, Negotiation, and Lok Adalat.
The main motive of ADR is to promote socio-economic and political justice which have been enshrined in the preamble of the Constitution of India.
ADR has many advantages over the courtroom proceeding such as it is less time consuming, cost-effective, free from the technicalities of courts, no fear of court of law, efficient and effective, helps in maintaining good relationships between the parties.
MECHANISMS OF ALTERNATIVE DISPUTE RESOLUTION:
- ARBITRATION:
It is the process in which a third party is appointed who is called an arbitrator, whose decision is final and binding on both the parties, and their decision is termed as an award. It has two types Ad hoc and Institutional arbitration.
- MEDIATION:
It is the process in which the third party who is neutral has the aim to guide the parties in reaching the agreement between them. It is a comparably easy and uncomplicated process.
- CONCILIATION:
It is the process in which the conciliator meets the disputed party individually and helps in finding out a negotiated settlement between them.
- LOK ADALAT:
Lok Adalat is termed as people’s court which works with a retired judicial member or legal professional as a chairman and he helps in resolving the dispute between the parties as the courtroom mechanism works.
- indian judiciary
- pendency of cases
- mechanism arbitration negotiation mediation lok adalat
