ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution (ADR) in India refers to a variety of methods for resolving disputes outside of the traditional court system. ADR methods in India include negotiation, mediation, arbitration, and conciliation.
Negotiation is a process where the parties to a dispute engage in direct discussions to reach a mutually acceptable resolution.
Mediation is a process where an impartial third party, known as a mediator, assists the parties to a dispute in reaching a mutually acceptable resolution. The mediator does not have the power to impose a solution, but instead helps the parties to reach an agreement on their own.
Arbitration is a process where the parties to a dispute agree to submit their dispute to a neutral third party, known as an arbitrator, for a final and binding decision. The decision of the arbitrator is similar to a court judgment and is enforceable in the same manner as a court judgment.
Conciliation is a process where an impartial third party, known as a conciliator, assists the parties to a dispute in reaching a mutually acceptable resolution. The conciliator has the power to make recommendations, but not to impose a solution.
ADR is becoming increasingly popular in India as a means of resolving disputes in a quicker and more cost-effective manner. The Indian courts have also encouraged the use of ADR and have provided for the possibility of ADR proceedings being used in conjunction with court proceedings.
Overall, ADR plays a critical role in promoting the resolution of disputes in a manner that is faster, less formal, and less expensive than traditional court proceedings. This helps to reduce the burden on the court system and promote a more efficient and effective resolution of disputes.
the Firm encourages Arbitration and pre-litigation solutions like Mediation, Conciliation and Negotiations by way of giving litigation-preventive advises to the Clients.