Alternative Dispute Resolution (ADR)
ADR is a crucial tool in India for addressing the backlog of pending cases in Indian courts. These procedures help simplify the Indian legal system and provide a scientific foundation for the judiciary. ADR includes various methods of dispute resolution, such as negotiation, mediation, arbitration, conciliation, and Lok Adalat. While there is no official definition of negotiation in India, it is generally understood as a process where parties resolve their differences through self-counseling.
- Alternative Dispute Resolution (ADR) is a process in which parties resolve their issues amicably or with minimal litigation, without involving judicial institutions.
- ADR can address various types of disagreements, including commercial, industrial, familial, and civil conflicts, especially when parties are unable to negotiate a settlement.
- Typically, an impartial third party facilitates communication, conflict resolution, and discussion between the disputing parties.
- This technique helps individuals and groups maintain social order and cooperation, offering an opportunity to reduce conflicts.
Alternative Dispute Resolution (ADR) Mechanisms
- Alternative Dispute Resolution (ADR) is a non-adversarial process where parties collaborate to identify the best solution for everyone involved.
- This method provides a thorough and satisfying resolution process while significantly reducing the volume of litigation in courts.
Important Provisions Related To ADR
- If it appears that the parties have agreed to settle the matter outside of court, the court may refer the case to Lok Adalat, arbitration, mediation, or conciliation under Section 89 of the Civil Procedure Code of 1908.
- The Legal Services Authority Act of 1987 and the Arbitration and Conciliation Act of 1996 are the statutes governing alternative dispute resolution.