{"id":234353,"date":"2023-03-25T15:01:12","date_gmt":"2023-03-25T09:31:12","guid":{"rendered":"https:\/\/blog.forumias.com\/?page_id=234353"},"modified":"2023-04-12T14:44:10","modified_gmt":"2023-04-12T09:14:10","slug":"adr","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/adr\/","title":{"rendered":"Alternative dispute resolution"},"content":{"rendered":"

Alternative Dispute Resolution is the non- adversarial procedure for settling disputes without litigation.<\/p>\n

Alternate Dispute Resolution (ADR) involves working together co-operatively to reach the best resolution for everyone.<\/p>\n

ADR provides diverse choices to resolve disputes through creative, collaborative bargaining, and fulfil the interests.<\/p>\n

ADR: Types<\/h2>\n
    \n
  1. Arbitration:<\/strong> Arbitral tribunal which decides an “award” on the dispute that is mostly binding on the parties.<\/li>\n
  2. Conciliation:<\/strong> An impartial third party, called conciliator plays active role and assists the parties to reach a mutually satisfactory agreed settlement which is non-binding on parties.<\/li>\n
  3. Mediation:<\/strong> Mediator plays passive role, acts as communicator and helps the parties try to reach a mutually acceptable resolution of the dispute.<\/li>\n
  4. Negotiation:<\/strong> Discussions between both the parties with an open mind are initiated without the intervention of any third party to arrive a negotiated settlement.<\/li>\n<\/ol>\n

    ADR: Provisions<\/h2>\n
      \n
    1. Constitutional provisions:<\/strong> [a] Art 39A Access to equal justice and free legal aid is an obligation on government to make various provisions available, to access justice; [b] Art 21 Right to life also includes right to access for justice.<\/li>\n
    2. Legal provisions:<\/strong> [a] The Legal Services Authority Act,1987; [b] Arbitration and Conciliation Act, 1996, [c] Gram Nyayalaya Act 2009; [d] Plea-bargaining is a pre-trial negotiation between the accused and prosecution where the accused agrees to plead guilty in exchange for certain concessions by the prosecution under Section 265-265 of CrPC.<\/li>\n
    3. Institutional provisions:<\/strong> Lok Adalat, Nyaya Panchayats, Conciliation and Arbitration centres.<\/li>\n<\/ol>\n

      ADR: Advantages<\/h2>\n
        \n
      1. Less time consuming and cost effective method.<\/li>\n
      2. ADR is free from technicalities of courts as informal ways are applied in resolving dispute.<\/li>\n
      3. People are free to express themselves without any fear of court \/law.<\/li>\n
      4. ADR preserves the best interest of parties prevents and maintains good relationship between parties.<\/li>\n
      5. Arbitrators are experts in the field of a particular dispute thus increasing the efficiency of the proceedings.<\/li>\n<\/ol>\n

        ADR: Disadvantages<\/h2>\n
          \n
        1. All cases may not be a fit for ADR mechanism.<\/li>\n
        2. It can be used as a tactic to stall case.<\/li>\n
        3. Little or no check on power imbalances between parties.<\/li>\n
        4. Rights of parties may not be legally protected.<\/li>\n
        5. Non-binding agreements may cause weakness in the system.<\/li>\n<\/ol>\n

          ADR: Salient features of Arbitration and Conciliation Amendment Act, 2021<\/h2>\n
            \n
          1. Amends the Arbitration and Conciliation Act, 1996; it deals with domestic and international arbitration and defines the law for conducting conciliation proceedings.<\/li>\n
          2. Automatic stay on awards<\/strong>:\u00a0Arbitral award cannot be set aside merely because of an application made by party. A stay can be given by court in case of – the making of the award or if it is effected by fraud or corruption.<\/li>\n
          3. Qualifications of arbitrators:<\/strong> An advocate under the Advocates Act, 1961 and 10 years of experience; an officer of the Indian Legal Service.<\/li>\n<\/ol>\n

             <\/p>\n","protected":false},"excerpt":{"rendered":"

            Alternative Dispute Resolution is the non- adversarial procedure for settling disputes without litigation. Alternate Dispute Resolution (ADR) involves working together co-operatively to reach the best resolution for everyone. ADR provides diverse choices to resolve disputes through creative, collaborative bargaining, and fulfil the interests. ADR: Types Arbitration: Arbitral tribunal which decides an “award” on the dispute… Continue reading Alternative dispute resolution<\/span><\/a><\/p>\n","protected":false},"author":10341,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-234353","page","type-page","status-publish","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/234353","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10341"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=234353"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/234353\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=234353"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}