Alternate dispute resolution

Alternate Dispute Resolution is a dispute settlement method. It offers to resolve all types of matters including civil, commercial, industrial and family, etc., where people are not being able to start any negotiation and reach the settlement. Generally, ADR uses a neutral third party who helps the parties to communicate, discuss the differences and resolve the dispute. It is a method that enables individuals and groups to maintain co-operation, social order. ADR plays a significant role in India mainly because of the large number of cases already pending in the court. Pros of ADR- 1. less expensive. 2. less time-consuming. 3. free from the technicalities that are present in the court system. 4. The parties are free to differ in their opinion and can discuss their opinions with each other, without any fear of disclosure of this fact before the courts. 5. There is no feeling of enmity between the parties as there is no winning and losing side. 6. The process is also very flexible, according to what suits the parties. 7. The parties also have the option of being confidential. The ADR system also enables the parties to put focus on practical solutions. Cons of ADR 1.ADR is not helpful where a dispute is to be decided on the basis of a precedent. 2. When there is a need for court and interim orders, ADR would not be useful. 3. ADR is less suitable when there is a need for enforcement. 4. When there is a need for live and expert evidence and analysis in a case, then ADR would not be useful. 5. If the case is of a complex nature, then the adjudicating body must look into minor details and may need expert advice and suggestions. ADR provides various modes of settlement including, arbitration, conciliation, mediation, negotiation and lok Adalat, this is provided under Section 89 of the Civil Procedure Code, 1908 This section provides an opportunity to the people, when it appears to court there exist elements of settlement outside the court then court formulate the terms of the possible settlement. Alternative Dispute Resolution is dealt with by Arbitration and Conciliation Act, 1996 and, The Legal Services Authority Act, 1987 For detailed notes visit https://www.lawyersclubindia.com/articles/student-notes-an-introduction-to-alternate-dispute-resolution-13360.asp Regards