Aniket Datta Ppt On Benefits Of Adr

Benefits of Alternate Dispute Resolution

Seminar Presentation, by Aniket Datta 1

Meaning of Alternate Dispute Resolution According to Black’s Law Dictionary Alternate Dispute Resolution, is a procedure for settling a dispute by means other than litigation, such as arbitration, mediation or mini-trial .

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Purpose of Alternate Dispute Resolution In essence the system of ADR emphasizes upon:   

Mediation rather than winner take all. Increasing Accessibility to justice. Improving efficiency and reducing court delays.

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Key Objective of ADR 

litigants are in fact encouraged to resort to alternative dispute resolution, so that the actual court systems would be left with a smaller number of important disputes that demand judicial attention, and other simple civil/commercial disputes could be decided through ADR, The main purpose of the idea was to ensure quicker trial ,by reducing backlog of court cases . 4

Modes of ADR         

Arbitration Conciliation Mediation Negotiation Mini Trial Fast Track Arbitration Lok Adalats Ombudsman Tribunals 5

Benefits of ADR        

Speed Economy of Cost Expertise Restores Good Relations between Disputing Parties . ADR System Is Devoid Of Corruption. Confidentiality Choice of Decision Maker . ADR Helps In Clearing Bottle Necks In Litigation. 6

Loop holes in ADR

Loop Holes IN ADR,

•Even Where Beneficial, Parties Cannot Be Compelled to go in for ADR. •ADR Decisions Lack The Force of A Precedent . •Outcome Of ADR May Not Be Similar In Similar Circumstances . •An Incompetent Mediator Can Defeat the Purpose of ADR . •Extra Cost Where ADR Is Unsuccessful .

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Key ADR Mechanisms (Definitions): 

Arbitration: Is a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding.

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Mediation: Is a method of non-binding dispute resolution involving a neutral third party, who tries to assist the disputing parties to reach a mutually agreeable solution.

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Conciliation: Is a settlement of a dispute in an agreeable manner, it is a process in which a neutral person meets with a party to dispute and explores how the dispute might be resolved

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Negotiation: Negotiation consists of a mutual discussion by the parties of their dispute or difference, with a view to find out as to how to their best can they settle their disputes8 &

JIST OF Land Mark Cases Where Court’s Have Encouraged ADR: 

In Bhasheer vs. Kerala State Housing Board (AIR 2005 Ker 64)

Held:Hon’able Justice K.Padmanabhan Nair.J opined that, it must be ensured that in developing countries most of the cases are resolved by ADR mechanism of Arbitration, Conciliation and Mediation. 

In PT Thomas vs. Thomas Job (AIR 2005 SC 3575)

Held: That the experiment of Lok-Adalat, as an alternate mode of dispute settlement has come to be accepted in India as a viable, economic, efficient and informal one 

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Salem Advocate Bar Association Tamil Nadu vs. UOI (AIR 2003(1) SCW 4627

Held: that, keeping in mind the law delays and the limited number of judges ,which are available ,it has now become imperative that resort should be had to ADR, with a view to bring an end to litigation at an early date. 9

Conclusion: “Not

even Invading Armies Can Stop an Idea Whose Time has come ”. The time for Alternate Dispute Resolution, as a means to assist regular court litigation has arrived. The Concept of resolution of disputes through modes other than ,those involving time consuming technical procedures ,though initially started on an experimental basis ,has in fact gained immense popularity. The growing spurt in the establishment of a number of mediation and conciliation centers at various High Courts and Lower Courts stands as a testimony to the success of this overtly popular phenomenon. Thus it would not be wrong to summarize that “In true sense of the term alternate dispute resolution has emerged as a life saving pill for our ailing judicial system. To say the least “The Era of Alternate Dispute Resolution” has dawned on our societies, and encouragement of newer forms of Alternate 10

Thank You

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