ADR

Intro

1. To settle civil nature disputes

2. Without access to judicial system ( court)
3. Arbitration, conciliation mediation
4. Strengthen the judicial system of the country
5. ADR gained worldwide recognition
6. Cost effective method because court trails are expensive ( no court fee or lawyer fee)
7. More flexible than court procedures ( conduct in any manner and talk in any language ,no
payment for copy of proceeding)
8. ADR resolves is faster
9. Consumer complaints , family disputes, construction disputes
10. The parties can choose place and time according to try their wish
11. The third party is chosen by the consent of the two parties and decide the amount of payment
12. Talking are confidential and unlike court trials there will be no losers in mediation or conciliation

Arbitration

. Like a court procedure

Third part odd number

Arbitration is done privatley, decision by majority

. Third party hears evidence and give award upon the two parties

It can be done in arbitral tribunal

Arbirator is a an expert in the field of disputes

Disputes in trade , disputes in rent and partition of partnership

Exceptions: divorce, matrimony

Criminal questions,insolvency

Conciliation

In this case third party assist them

That person is conciliator

Appointed by content if both parties

Conciliation is compromise settlement between the parties with the assistance of the conciliator

The conciliator does not take any decision

The proceedings are confidential

Conciliation is non binding and it can be terminated anytime

The last decision is made by the parties

Mediation

Helps resolving the dispute with the aid of an third person to reach a negotiated resolution.

Third party has no authority to make decisions

Third party is called mediator

It’s confidential

Helps in reaching an agreement

The function of mediator is to break any deadlockand encourage the party to reach a common ground

Mediator does not determine the dispute between parties