ALTERNATIVE DISPUTE RESOLUTION METHODS

PRESENTE BYSAHIL RANA(16MCE1008)CHANDIGARH UNIVERSITY

ALTERNATIVE DISPUTE RESOLUTION (ADR)

METHODSCivil disputes occur when a person’s rights have

been infringed or an individual has been injured as a result of another person’s action or inaction

ADR involves settling a civil legal dispute by a method other than a

decision before going to court.

FIVE TYPES OF ADRFIVE TYPES OF ADR :-

Negotiation :-Negotiation :-

Negotiation is usually carried out without

legal representatives, but each party can take

their own legal representation to assist

Negotiation involves two parties discussing and compromising to obtain an agreed

solution

Negotiation is not binding

Mediation :-Mediation :-

Mediation involves an impartial third party who listens and directs discussion but does not suggest

outcomes.Mediation is voluntary

Atmosphere is informal

All parties have their

say

Mediation is not binding

Disputes unsuitable for mediation

disputes where there is no continuing relationship between the parties

circumstances where both parties are not willing to attend mediation

where there are overwhelming emotions involved

where there is a history of broken promises

Conciliation :-Conciliation :-

Conciliation involves a third party, who may make suggestions to the parties.

The decisions are binding

Arbitration :-Arbitration :-

Arbitration involves an independent third party who actually makes suggestions and actually imposes a

decision on the parties.

Arbitration is binding

The magistrates’ court refers all civil disputes

involving claims less than 10,000

to arbitration

Collaborative law :-Collaborative law :-

• Collaborative Divorce and Alternative Dispute Resolution as a Practical Solution. ... Forms of ADR include negotiation, mediation, settlement conferences, and collaborative divorce (also known as collaborative law). Arbitration also is a form of ADR although it has some similarities to litigation

Advantages of ADR :-

Less formal than courts

Held at more suitable venues

Often takes less time than court

generally cheaper than litigation

Disadvantages of ADR :-

Not suitable for all disputes

Decisions are not legally binding

Dispute may still end up in Court

Need both parties to voluntarily participate

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