alternative dispute resolution method
TRANSCRIPT
ALTERNATIVE DISPUTE RESOLUTION METHODS
PRESENTE BYSAHIL RANA(16MCE1008)CHANDIGARH UNIVERSITY
ALTERNATIVE DISPUTE RESOLUTION (ADR)
METHODSCivil disputes occur when a person’s rights have
been infringed or an individual has been injured as a result of another person’s action or inaction
ADR involves settling a civil legal dispute by a method other than a
decision before going to court.
FIVE TYPES OF ADRFIVE TYPES OF ADR :-
Negotiation :-Negotiation :-
Negotiation is usually carried out without
legal representatives, but each party can take
their own legal representation to assist
Negotiation involves two parties discussing and compromising to obtain an agreed
solution
Negotiation is not binding
Mediation :-Mediation :-
Mediation involves an impartial third party who listens and directs discussion but does not suggest
outcomes.Mediation is voluntary
Atmosphere is informal
All parties have their
say
Mediation is not binding
Disputes unsuitable for mediation
disputes where there is no continuing relationship between the parties
circumstances where both parties are not willing to attend mediation
where there are overwhelming emotions involved
where there is a history of broken promises
Conciliation :-Conciliation :-
Conciliation involves a third party, who may make suggestions to the parties.
The decisions are binding
Arbitration :-Arbitration :-
Arbitration involves an independent third party who actually makes suggestions and actually imposes a
decision on the parties.
Arbitration is binding
The magistrates’ court refers all civil disputes
involving claims less than 10,000
to arbitration
Collaborative law :-Collaborative law :-
• Collaborative Divorce and Alternative Dispute Resolution as a Practical Solution. ... Forms of ADR include negotiation, mediation, settlement conferences, and collaborative divorce (also known as collaborative law). Arbitration also is a form of ADR although it has some similarities to litigation
Advantages of ADR :-
Less formal than courts
Held at more suitable venues
Often takes less time than court
generally cheaper than litigation
Disadvantages of ADR :-
Not suitable for all disputes
Decisions are not legally binding
Dispute may still end up in Court
Need both parties to voluntarily participate
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