Alternative Dispute Resolution

Topics: Arbitration, Dispute resolution, Alternative dispute resolution Pages: 16 (5155 words) Published: August 15, 2013
Dr. Ram Manohar Lohiya national law university Foundation of Law

Final Project

“Alternative Dispute Resolution”

“It is the spirit and not the form of law that keeps the justice alive.” -- LJ Earl Warren INTRODUCTION:

Alternative methods of dispute resolutions, popularly known as ADR are necessary. As an alternative to existing methods of dispute resolution such as litigation, conflict, violence and physical fights or rough handling of situations. Since disputes are inevitable, there is an urgent need to find a quick and easy method of resolution. The ADR is resorted to in many countries with a view to reducing the burden of legal proceedings pending at different levels of courts, costs of proceedings, and length of time required for disposal of litigation. In India more than 15 lakh cases are pending in about 667 courts due to infrastructural deficiency, procedural delay, delay in delivery of judgement etc. Thus, the necessity and importance of setting up forums for ADR have been felt by legal experts. In India, there are the following methods for settlement of disputes outside courts. They are: (1) Direct negotiations between parties to the dispute, (2) Mediation, (3) Conciliation and (4) Arbitration. Mahatma Gandhi, the Father of the Nation, wrote in his autobiography about the role of law and lawyer,

"I had learnt the true practice of law. I had learnt to find out the better side of human nature, and to enter men's hearts. I realised that the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that the large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby – not even money, certainly not my soul." (Gandhi)

Table of Contents

Alternative Dispute Resolution……………………………………………………… ADR in India
Need For ADR…………………………………………………………………………………… Arbitration
* Meaning
* Kinds of arbitration
* Advantage of arbitration
* Matters not referable to arbitration
* Matters referable to arbitration
* Arbitral tribunal and awards
Conciliation
* What is conciliation?
* Commencement of conciliation Proceedings
* Number and appointment of conciliators
* Role of conciliators
* Costs of conciliation proceedings
Mediation………………………………………………………………………… The new law of Arbitration and Conciliation in India……................. Settlement of Disputes through Lok Adalat
Conclusion……………………………………………………………………………………………………

Alternative Dispute Resolution

ADR or “Alternative Dispute Resolution” is an attempt to devise machinery which should be capable of providing an alternative to the conventional methods of resolving disputes. An alternative means the privilege of choosing one of two things or courses offered at one’s choice. It does not mean the choice of an alternative court but something which is an alternative to court procedures or something which can operate as court annexed procedure. Human conflicts are inevitable. Disputes are equally inevitable. It is difficult to imagine a human society without conflict of interests. Disputes must be resolved at minimum possible cost both in terms of money and time, so that more time and more resources are spared for constructive pursuits. For resolution of disputes there is a legal system in every human society. Every injured person is supposed to go to courts for his redressal. All the legal systems are trying to attain the legal idea that wherever there is a wrong...

Bibliography: Statutes Referred:
The Arbitration and conciliation Act, 1996
Alternative Dispute Resolution what it is and how it works edited by P.C. Rao and William Sheffield, universal law publishing co. pvt. Ltd., 2006.
[ 3 ]. AIR 1966 SC 1036: (1963) 2 SCR 953
[ 4 ]
[ 7 ]. AIR 1984 SC 1072: (1984) 2 SCC 680: (1984) 3 SCR 118: 1984(1) SCALE 411: 1985 Arb. LR 2: 1984 (2) Comp Lj 1
[ 8 ]
[ 9 ]. AIR 1970 SC 833: (1969) 2 SCR 244.
[ 10 ]. WHARTON’S LAW LEXXICON, p 227 (14th edition, 1937, Indian Reprint-1993). Mizley & Whiteley have also defined Conciliation as “settling of disputes without litigation” in their Law Dictionary, 75 (8th edition, 1970)
[ 11 ]
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