ALTERNATIVE DIPUTE RESOLUTION (ADR)

ALTERNATIVE DISPUTE RESOLUTION CENTRE(ADR)

Alternative dispute resolution (ADR) means any method or way by which people can resolve disputes outside a court without include arbitration, mediation, conciliation, Lok-Adalat and negotiation.

The rising popularity of ADR can be attributed to its mechanism for fast disposal of matters in comparison to lengthy disposal of matters in comparison to lengthy court proceedings, fewer costs than litigation, less formal, confidentially of the process, and party centric approach i.e., total control of parties over the decision making process. Such an approach generally results in creative solutions, longer-lasting outcomes, greater satisfaction, and improved relationships between the parties. In India, some  of the states provided provision for the courts to mandatorily explore the possibility of referring the case to ADR, for example Section 89 of CPC.

The concept of Alternative Dispute Resolution(ADR) provides solutions to all types of matters including civil, criminal compoundable matters, commercial disputes, industrial and family matters etc. where the disputing parties at their  own level cannot enter into negotiations and reach an agreement. Generally , ADR uses a neutral third party i.e., mediator/conciliator to assist the parties, communicate, discuss their differences, and arrive at mutually agreed terms of settlement for resolving the disputes.

IMPORTANCE OF ADR IN INDIA

In India, the traditional mode of dispute resolution i.e. litigation has led to  unnecessary  delays in dispensation of justice and at the same time it has over-burdened the Judiciary. In such a scenario, Alternative Dispute Resolution(ADR) mechanisms like arbitration, conciliation and mediation etc. has offer better and timely solution for resolution of a dispute.

TYPES OF ADR

ARBITRATION:
 The most popular modes of ADR in India is arbitration, conducted as per the provisions of the Arbitration and Conciliation Act, 1996. The dispute will be  referred to an arbitrator  who will make a decision (award) on the dispute, which is usually binding on the parties. In general , there is no right to appeal against the Award of arbitration.
 

MEDIATION

In mediation, an impartial person called a “mediator” helps parties try  to reach a mutually acceptable resolution of the dispute. The mediator in no way not decides the dispute but helps the parties to communicate so they can try to settle the dispute themselves.

 

CONCILIATION:

It is a non-binding procedure in which an impartial third party, i.e., the conciliator, assists the parties to a dispute in reaching a mutually satisfactory agreed settlement of the dispute.
 

LOK ADALAT:

Lok Adalat is basically a form of alternative dispute resolution. It is a forum for the amicable settlement of cases and disputes that are ongoing in court or at the pre-litigation stage. The Legal Services Authorities Act, 1987 has granted statutory recognition to Lok Adalats. The award (decision) given by the Lok Adalat is considered, under the aforementioned Act, to be a decree of civil court which is final, binding on all parties, and against which no appeal can be filed in any court of law.
 
 

NEGOTIATION:

It is a non-binding procedure in which discussions between the parties are initiated without the intervention of any third party with the object of arriving at a negotiated settlement to the dispute. It is the most common method of alternative dispute resolution. Negotiation occurs in business, non-profit organizations, government branches, legal proceedings, among nations and in personal situations such as marriage, divorce, parenting and everyday life.