ADR: A NEW APPROACH TO COURTROOM

                                            

ALTERNATIVE DISPUTE RESOLUTION    

EW 

 

 DEFINITION 

-As the name suggest ADR provides a mechanism substitute to the conventional methods of resolving disputes. Sec 89 of CPC has a provision for use of various ADR methods to lessen up burden on the Indian judiciary.  

-It helps in reducing the burden of litigation on courts.

-Delivers a satisfying experience to the parties.

-In India, ADR is established on the basis of article 14(Equality before law) and article 21(Right to life and  personal liberty)

MODES OF SETTLEMENT UNDER ADR

Arbitration:

-It is a type of ADR that take place outside the court.

-It is less formal than a trial.

-In arbitration instead of taking a case to a judge, both the parties take their dispute to an arbitrator. and arbitrator after reviewing the presentation from both sides will make a final, often binding decision.

-Unlike a trial, the rules of evidence are much more relaxed during arbitration. even those evidences       which are not allowed in regular courts be admissible in arbitration e.g. hearsay.

Conciliation:

-It is an ADR procedure, where conciliator(impartial third party) assists the parties to a dispute in reaching a mutually satisfactory agreed settlement of the dispute.

-Conciliation is a less formal form of arbitration.

-The parties are free to accept or reject the recommendation of the conciliator.

-However if both parties accept the settlement document which is made by conciliator, it shall be final  and binding on both the parties.

Mediation:

-Mediation is a process where a neutral person uses common and negotiation techniques and facilitates the parties in resolving the dispute.

-The mediator does not decide the dispute but helps the parties to communicate. and disputed parties arrive at a mutually acceptable agreement.

Six steps in mediation process:

* Agree to mediate.

* Gather points of view.

* Focus on interest.

* Create win- win options.

* Evaluate options.

* Create an Agreement.

Types of Mediation process:

* Evaluative Mediation

* Facilitative Mediation

* Transformative Mediation

 

 

Lok Adalat:

-Lok Adalat is a statutory Organization under the Legal Service Authorities Act, 1987

-It is an ADR mechanism, where disputes are settled outside the judicial system.

-In Lok Adalat the disputes related to  public utility services for example transport services for the carriage of passengers or goods by air, road, water. Supply of powers, light or water to public are solved.

-It provide fair and uncomplicated justice. Family disputes like property requisition, financial disputes and matrimonial issues are widely solved by Lok Adalat.

-There is no court fee in Lok Adalat.

Composition of Lok Adalat:

one chairman, two members, and one social worker. The chairman must be a sitting or retired judicial officer.