Distinction between judicial dispute resolution and alternative

dispute resolution

JDR and ADR:-

Dispute are resolved or settled either in the court or outside the

court. Judicial dispute resolution (JDR) relates to the disputes resolved
before the court. Alternative dispute resolution (ADR) is an alternative
method of finding solution to the litigations. ADR relates to the
disputes resolved with the consent of the parties to the litigation
outside the court and traditional judicial methods. It was suggested by
Law Commission of India that the court may require attendance of any
party to the suit or proceedings to appear in person with a view to
arrive at an amicable settlement of dispute between the parties.
Malimath committee recommended to make it obligatory for the court
to refer the dispute, after issues are framed, for settlement either by
way of arbitration, conciliation, mediation, judicial settlement or
through Lok Adalat. It is only when the parties fail to get their disputes
settled through any of the alternative dispute resolution methods that
the suit could proceed further. Section 89 of the code of civil
procedure, 1908 provides the provision for the settlement of disputes
outside the court.

Jagdish chander v. Ramesh Chander and others, (2007) 5SCC 719,

it has been held that even though section 89 mandates the courts to
refer pending suits to any of the several alternative dispute resolution
processes, the mutual consent of all parties for such reference is
necessary.
 Distinction between JDR and ADR
Judicial dispute resolution
a. It has state appointed judges
b. It provides judgment by
judges
c. It has process in the court
d. It looks to the past
e. It focuses on facts and
evidence
f. It has win and lose approach
g. It follows general rules
h. It follows strict procedure
i. It is lawyer based approach
j. It discourages compromise
k. It is narrow in scope
l. It offers formal legal
procedure
m. It has qualified professionals
n. It has statutory sanction
o. It is more expensive
Alternative dispute resolution
a. It has parties appointed neutrals
b. It provides settlement to parties
c. It has process outside the court
d. It looks to the future
e. It focuses on the relationship
f. It has win and win approach
g. It customizes the solution
h. It follows flexible procedure
i. It is parties based approach
j. It encourages compromise
k. It is wide in scope
l. It offers informal procedure
m. It has experts in subject matter
n. It may not have statutory
sanction
o. It is less expensive