Alternative Dispute Resolution

INC
GUNTUR
PUTTU GURU
PRASAD
Legal meanings

 Adjudication- to make an official decisions

about who is right in a disagreement between
two persons or groups by court
 Arbitration- the official process of settling an
argument or a disagreement by some body
who is not involved
 Efficacy – the ability of some thing producing
the results that was wanted or intended
Legal meanings

 Dispute – an argument or disagreement

between two people
 Litigation – the process of making or
defending a claim in a court of law
 Trial – a formal examination of evidence in a
court of law by a judge and often a jury, to
decide if somebody accused of a crime is
guilty or not. Ex murder trial
EFFICACY OF ADR

 Is defined as a collective description of

methods of resolving dispute otherwise than
through the normal trial process
 ADR’s are usually understood as being
references to some form of mediation by a
third party
ADR METHODS

 1. Arbitration
 2. Conciliation
 3. Mediation
 4. Negotiation
ADVANTAGES OF ADR

1. It is faster and less expensive

2. They are more co-operative and less
competitive than adverse court based
methods like litigation
3. The relationship between the parties
ultimately improve, rather than worsen
DISADVANTAGES OF ADR

1. Second class justice

2. Encourages compromise
3. Settlements are private and not public
MEDIATION

 Under mediation, a mediator facilitated the

parties to reach an out come that satisfies
them rather than one aimed at proving some
one right or wrong
 Through mediation parties can be in a
position to work together to reach a solution ,
which can be amicable to both of them
MEDIATION
A mediator is expected to be an unbiased
and impartial person, working with out slang
and prejudice
 Every one in mediation gets satisfied with the
out come because of its win-win situation
 Mediation can be in the matters of family
disputes, business disagreements,
employment and environmental issues
ARBITRATION

1. Tends to be less formal and quicker than going to

the courts
2. There is transparency in decision making process
3. The award of arbitration may not be final too
4. Disputes involving the question of morality, public
policy, status and religious rights are beyond the
arbitration proceedings
ARBITRATION
 All disputes are referable to arbitration, however
the following, which calls for adjudication.
2. Matrimonial, conjugal rights
3. Industrial disputes
4. Testamentary matters under succession act
5. Insolvency , dissolution, winding up under
companies act
6. Criminal proceedings
TYPES OF ARBITRATION
1. Domestic arbitration
2. International arbitration
3. Ad Hoc arbitration
4. Institutional arbitration
5. Statutory arbitration
6. Expedited arbitration
7. Hybrid arbitration
8. Flip-flop arbitration
9. Court annexed arbitration
ARBITRATION CLAUSES

 The parties to a contract may either enter

into a separate arbitration agreement or may
agree upon an arbitration clause in the main
contract/ agreement it self . Not necessarily
signed by both the parties
CONCILIATION

 Means bringing the opposing parties or

individuals into an undisputed territory of
harmony. The conciliator may have an
advisory role on the content of the dispute or
the out come of its resolution , but not a
determinative role
CONCILIATION

 Conciliation proceedings shall have to

commence before any steps are taken for
the appointment of arbitrators. After the
appointment of arbitrators there is no
question of appointing conciliators
Elements of conciliation process

1. Identification of the causes of disputes

2. Creation of options to resolve those
disputes
3. Encouragement to visualize options that
offer solutions
Arbitration vis-à-vis conciliation
 Unlike an arbitrator, conciliator does not give a
decision, but his main function is to induce the
parties themselves to come to settlement.
 An arbitrator is expected to give a hearing to the
parties but a conciliator does not engage in any
formal hearing though he may informally consult the
parties separately or together .
 The arbitrator is vested with the power of final
decision and in the a sense it is his contribution that
becomes binding.
Mediation vis-à-vis conciliation

 Mediation is a purely facilitative process,

where as conciliation may comprise a
mixture of different process including
facilitation and advice
Characteristics of conciliation

1. Need not be contractual or any prior

agreements between parties
2. Two willing parties can at any stage go for
concentrators
3. It can be resorted even after litigation
4. Most useful for the cases have been
pending in courts for years together
NEGOTIATION

 Itis a sort of compromise, contemplating

direct interaction between parties. In this
process one party approaches the other
party in dispute with an offer of a negotiated
settlement , which is of the nature of an non-
binding procedure