Professional Documents
Culture Documents
( A. D. R. )
R. Rammohan Reddy
“To no man will we deny,
to no man will we sell,
or delay, justice
or right”
- Magna Carta – 1215
Access to Justice
Basic human rights
Method – Adversary/adjudicatory
( Anglo-Saxon Jurisprudence )
Adversary / Adjudicatory System:-
Parties fight
Expensive
Win-lose situation
Accumulation of arrears
Term A.D.R.
Developed in USA
A.D.R.– resolution of
disputes with assistance
of impartial third party
Common A.D.R. Systems
Arbitration
Award by Arbitrator
Conciliation
Agreement between the parties
Active role of conciliator
No award
Mediation
Facilitates settlement between
the parties themselves
A.D.R.s
Domestic
International
Commercial disputes
A.D.Rs – benefits
Low costs and formalities
Expeditious
Hidden costs
Awards challengeable
Chances of failure
Indian Scenario
Institutional delivery
system/Adversary system introduced
by British Rulers
Constitutional Commitment
Sec. 2 to 43 – Arbitration
Sec. 61 to 81 - Conciliation
Arbitration :–
Enforceable
Sec. 80 / O. XXVII R. 5B
C.P.C.