ALTERNATE DISPUTE RESOLUTION

"Arbitration" is defined as any arbitration handled by a permanent arbitral institution,

according to section 2 1 (a) of the Arbitration and Conciliation Act, 1996.
The court does not resolve the issue; rather, it decides it and disposes of it, whereas
alternative dispute resolution does.

ADR has the following advantages:

 It is highly casual in character;
 It is convenient in terms of time constraints.
 It saves money on court fees.
 ADR preserves confidentiality, but in court, after a case is settled, the documents or
case papers become public property.

ADR consists of:

Arbitration
Conciliation
Negotiation
Mediation
Ombudsman
And as far as in Indian context is consist it deals with
Lok adalat
Lok pal

Renu sagar judgement 1994, Bhatia international judgement 2002, and others are among
the numerous judgments that have shaped this legislation and helped it grow slowly and
steadily.

When two parties have a disagreement and wish to resolve it amicably, they engage in
negotiation.
Mediation is a one-way extension of negotiation in which an independent impartial person
(mediation expert or qualified mediator) "assists" the parties in resolving their disagreement
peacefully.

Though ADR has many benefits of its own but there are many challenges with it, which are
explained below:

CHALLENGES:

1. Receptivity is very less in case of ADR, this is because of lack of awareness,

illiteracy or not having proper understanding. The solution for this is to tell the
youth or the younger generation the Idea of ADR so in future there would be
such civil cases where the disputer would be resolved in the same month or year.

2. Intervention of Courts in Arbitration Proceedings Court participation in

arbitration procedures should be maintained to a bare minimum. Those who
choose arbitration over going to court as a result of such interventions have a
stronger preference for going to court. Solution to it is only the bare minimum of
court action is necessary. Arbitration is an Alternative Dispute Resolution (ADR)
technique, which implies it is a method of settling conflicts rather than via the
courts. However, because courts can intervene in arbitration procedures, the
whole notion of ADR is lost.

- PARV BAKLIWAL
- NMIMS SOL BANGALORE