Alternative Dispute Resolution (ADR) Mechanisms

Alternative Dispute Resolution (ADR) Mechanisms

Part of: Prelims and GS II – Judiciary; Dispute redressal mechanisms

Context: Chief Justice of India N.V. Ramana stressed the need for increasing the use of alternative dispute resolution (ADR) mechanisms that can change the judicial landscape, bringing justice to millions and settling grievances without protracted legal proceedings.

Alternative Dispute Resolution (ADR) Mechanisms

• ADR is a mechanism of dispute resolution that is non adversarial, i.e. working together cooperatively to reach the best resolution for everyone.
• ADR can be instrumental in reducing the burden of litigation on courts, while delivering a well-rounded and satisfying experience for the parties involved.
• ADR is generally classified into the following types:
  • Arbitration: The dispute is submitted to an arbitral tribunal which makes a decision (an “award”) on the dispute that is mostly binding on the parties.
  • Conciliation: A non-binding procedure in which an impartial third party, the conciliator, assists the parties to a dispute in reaching a mutually satisfactory agreed settlement of the dispute.
  • Mediation: In mediation, an impartial person called a “mediator” helps the parties try to reach a mutually acceptable resolution of the dispute.
  • Negotiation: A non-binding procedure in which discussions between the parties are initiated without the intervention of any third party with the object of arriving at a negotiated settlement to the dispute

News Source: TH