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The Nature and Concept of Alternative Dispute Resolution

The document discusses the nature and concept of alternative dispute resolution (ADR). It makes three key points: 1) ADR is simpler and less procedurally complex than traditional litigation, using techniques like arbitration, mediation, and negotiation that aim to quickly and cheaply resolve disputes outside of courts. 2) ADR can be used to resolve a wide variety of civil, commercial, and family disputes through various mechanisms, including using a neutral third party to facilitate dispute resolution. 3) The basic concept of ADR is to resolve disagreements at low cost while maintaining good relationships between the parties and preventing future litigation.

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Kalpana Gundumolu
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331 views5 pages

The Nature and Concept of Alternative Dispute Resolution

The document discusses the nature and concept of alternative dispute resolution (ADR). It makes three key points: 1) ADR is simpler and less procedurally complex than traditional litigation, using techniques like arbitration, mediation, and negotiation that aim to quickly and cheaply resolve disputes outside of courts. 2) ADR can be used to resolve a wide variety of civil, commercial, and family disputes through various mechanisms, including using a neutral third party to facilitate dispute resolution. 3) The basic concept of ADR is to resolve disagreements at low cost while maintaining good relationships between the parties and preventing future litigation.

Uploaded by

Kalpana Gundumolu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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THE NATURE AND CONCEPT OF ALTERNATIVE DISPUTE

RESOLUTION:

1)The Alternative Dispute Resolution System is simple and free from


procedural technicalities:

The methodology applied and techniques used in mechanism of ADR to settle


the disputes between the parties do not follow the ticklish procedure adopted by
the Judicial Courts. The mechanism of ADR system does not partake the course
of judicial process. It is completely different and divorced from judicial
technicalities. The ADR process is very simple, cheap, easy, speedy and result
oriented in disposal of the cases. The ADR techniques are extra judicial in
character. These are the main reasons for recognition of ADR techniques.

2)The Mechanism of Alternative Dispute Resolution System consists of


various simple methods:

The Mechanism of Alternative Dispute Resolution System does not have single
form or rigid application in one particular way. There is an array of hybrid
procedure for settlement of disputes outside the Court. The ADR consists of
various alternative techniques and forms. For example Arbitration, Conciliation,
Negotiations, Mediation, Judicial Settlement, Mini Trial, Med-Arbitration and
Settlement Conferences and Neutral Evaluation are the forms of ADR
techniques. These techniques are much acceptable both to the judiciary and
common man. The ADR resolved under the law, by agreement or mutual
settlement between the parties techniques may be used in contentious matters,
which are capable of being resolved under the law, by agreement or mutual
settlement between the parties.
3)The Alternative Disputes Resolution System covers civil and commercial
nature of Disputes:

The Mechanism of ADR System through various alternative techniques have


been employed with very encouraging results in several categories of disputes.
The disputes may be civil in nature, commercial, and industrial or may relate to
family or matrimonial causes. The application of the ADR methodology has
also shown favourable results in the disputes relating to the business activities
and commercial ventures. The mechanism of ADR System may be able to yield
expected results in the bank cases, contractual performance, contracts in
constructions, the cases of intellectual property rights, the insurance coverage,
business activities in joint venture, the cases of partnership arising out of
personal differences, personal injury, product liability, professional liability,
real estate and securities. The mechanism of ADR System is not intended to
supplant altogether the traditional or existing means of dispute resolution. It
offers only alternative options to litigation. The application of ADR techniques
in dispute resolution aims at rendering justice expeditiously. The proceedings
adopted through these alternative techniques are informal devoid of procedural
technicalities and less expensive. The dispute resolution through ADR aims at
substantial justice and the procedural technicalities are always managed in the
manner acceptable to the parties. It is contrite proposition that when there is
dispute between the parties, they loose their mutual confidence. The dispute
resolution through ADR enables the litigants to regain the mutual confidence
among them lost during conflict.

4)The role of third person is basic concept in Alternative Dispute


Resolution:
The ADR process in philosophical perceptions is considered to be the mode in
which dispute resolution process is qualitatively distinct from a judicial process.
The disputes are settled with the assistance of a neutral third person. The third
neutral person is selected or appointed by the parties of their own choice and
without fear or favour in order to avoid any sort of bias. He is generally familiar
with the nature of disputes and bone of contention between the parties. The
neutral person is also well conversant about the relationships of the parties with
each other. The involvement of third neutral person is inevitable requirement in
the entire process. He is known as Conciliator, Mediator or Negotiator. He
assists the parties in an independent and impartial manner and bring both the
parties close for negotiations and settlement. He endeavours them to reach an
amicable settlement in peaceful manner. The settlement through conciliation or
mediation is guided by the principles of objectivity, fairness and justice. The
ADR process during settlement always gives consideration to the rights and
objections of the parties and heard on common platform in the presence of
adversaries.

5)The basic concept of Alternative Dispute Resolution System is to resolve


dispute:

The ADR is a generic term and refer to a wide array of practices in different
forms. The settlement with judicial help and min-trials are also the forms of
ADR system apart from conciliation, negotiation, and mediations. The judicial
settlement and min-trial are important to settle the disputes in business venture.
What so ever may be the techniques used, the basic concept in ADR is to
manage and resolve disagreements between the parties at lowest cost and with
little adverse impact on business activities. The dispute resolution in ADR
system does not mean temporary settlement but to end the controversy in
perpetuity. It maintains cordiality and harmonious relationships between the
parties. The alternative methods of dispute resolution are non-adversarial and
reach speedier results because the neutral person, whether Arbitrator,
Conciliator or Mediator, as the case may be, always help to formulate the result
oriented discussions during the process settlements.

6) The Alternative Dispute Resolution System is to avoid scope of future


litigation :

The litigation in the Court is always governed by the set of rules and regulations
under the substantive or procedural laws. For example criminal trials are
governed by Criminal Procedure Code and cases of civil nature are governed by
Civil Procedure Code or other subsidiary laws like Revenue or Land Laws,
House Rents Acts etc. But there is always scope of further litigation by way of
appeals, reviews or revisions. But the scope of further litigation in any form is
not available in the concept of ADR techniques. These techniques are applied
and used keeping in view business environment and other allied activities,
issues involved and likelihood of settlement apart from the nature of
relationship between the parties. These are the main considerations in
compromise settlement in order to end the litigation on permanent basis. The
ADR techniques terminate the litigation on permanent basis and prevent future
scope of litigation, which is an unending process in the judicial trials. Moreover,
the Mechanism of ADR System works in dispute resolution in accordance with
compromise agreement. Because the compromise agreements between the
parties are pre-requisites of their claims with reference to the performance of
promises and these are contained in that document, which is an effective
instrument in ending the controversy permanently.

7) The Alternative Disputes Resolution System is an 'art' of settlement:


The Mechanism of ADR system and reconciliation between the parties is
judicious application of techniques. All these techniques are employed amicably
in dispute resolution. Because application of these techniques is an art instead of
science. These techniques cannot be employed precisely in mathematical terms.
It always requires human touch and expression of profound love towards both
the parties. The good behaviourship, attitudes and benevolence of various

participants in reconciliation between the litigants becomes relevant and


important in order to make the ADR techniques effective. The reasoning
needs to be advanced with equity, justice and good conscience, which are so
precious and rare in judicial decisions. In the absence these ingredients none
of the techniques could be effective or best employed. The mechanism of
ADR system and its various forms offers flexible options to the parties in
reaching reasonable compromise and solution to their conflict. It obviates
the parties from litigation and contesting their claims through regular Courts.
The utmost benefit of the mechanism of ADR is that it maintains
confidentiality through out the proceedings and maintains continuity of good
relationships between the parties. The process and proceedings eliminates
the scope of bias.

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