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Alternate Dispute Resolution: "It Is A Good and Fair Settlement When Neither Party Likes The Outcome, But Agree To It"

Alternative dispute resolution (ADR) describes ways for parties to settle civil disputes without formal court hearings. It involves an independent third party like a mediator or arbitrator to help the parties reach an agreement. For ADR to be successful, all participants must believe cooperation and compromise lead to better outcomes than litigation, have equal authority to reach a settlement, and identify key objectives over lesser ones. The empowerment of participants throughout the ADR process is also essential.

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98 views7 pages

Alternate Dispute Resolution: "It Is A Good and Fair Settlement When Neither Party Likes The Outcome, But Agree To It"

Alternative dispute resolution (ADR) describes ways for parties to settle civil disputes without formal court hearings. It involves an independent third party like a mediator or arbitrator to help the parties reach an agreement. For ADR to be successful, all participants must believe cooperation and compromise lead to better outcomes than litigation, have equal authority to reach a settlement, and identify key objectives over lesser ones. The empowerment of participants throughout the ADR process is also essential.

Uploaded by

aman27jaiswal
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

Alternate Dispute Resolution

It is a good and fair settlement when neither party likes the outcome, but agree to it

Alternative dispute resolution is often referred to as ADR. It describes the ways that parties can settle civil disputes with the help of an independent third party and without the need for a formal court hearing.

Depends upon the goodwill of all the participants Parties must believe that a settlement achieved through cooperation and compromise whether assisted by a mediator, arbitrator or the parties themselves, will be superior to the decision that would be handed down by a court Participants must agree at the outset that all sides involved enjoy equal authority in reaching a settlement. Important objectives must be identified and lesser objectives subordinated in favour of a desired outcome Empowerment of the participants at every step of the settlement process is essential

Arbitration Conciliation Mediation Negotiation

An act to consolidate the law relating to domestic arbitration international commercial arbitration and enforcement of foreign arbitral awards
It

extends to the whole of India

Form of Alternative Dispute Resolution Alternative to court room litigation Parties submit their disputes to a NEUTRAL third party called the Arbitrator (s) or Arbiter (s) for resolution Binding dispute resolution, equivalent to litigation in the courts

Some types of arbitral disputes are

Property Insurance Contract (including employment

contracts) Business / partnership disputes Family disputes (except divorce matters) Construction Commercial recoveries

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