What is Alternate Dispute Resolution? is a common question in the minds of law students . Alternate Dispute Resolution or ADR is a method for resolving matters amicably between the parties without getting into litigation which is often time consuming and cumber some.A special reference to the case of Rukmanibai Gupta v. Collector, Jabalpur (1980) 4 SCC 556(AIR 1981 SC 479) the Supreme Court held that the decision of Arbitrator is final and binding when referred to arbitration
What are the various types of Alternate Dispute resolution?
The 4 common types of ADR’s are Arbitration, Mediation , Conciliation and Negotiation
- Mediation: Mediation involves a mediator who acts as a neutral person trying to facilitate the process for an amicable settlement.
- Conciliation a conciliator makes proposals for settlement although not binding till it is converted into a settlement agreement.
- Negotiation: The name itself suggests that there will be a negotiation between parties and are free to settle between themselves
How does Alternate Dispute Resolution help in the process of settlement?
- Cost-effective
- Lesss time consuming
- Convenience
- Confidentiality
- Parties can appoint a third party to settle disputes
- Helps avoid lengthy litigation
Reference to Court for appointment of Arbitrator
Either party may approach the court for appointment of an arbitrator if either of party fails to comply with the arbitration clause. Keeping in view the clause in the arbitration agreement a party may approach under section 11 for appointment of an arbitrator before the High Court .
Conclusion
Alternate Dispute Resolution (ADR) offers a versatile and efficient approach to resolving conflicts outside of traditional courtroom litigation. By providing parties with various methods such as mediation, arbitration, and negotiation, ADR fosters cooperative problem-solving, promotes confidentiality, and often leads to mutually satisfactory outcomes. Its flexibility, cost-effectiveness, and ability to preserve relationships make it a valuable tool in modern dispute resolution. As society continues to embrace diverse methods of conflict resolution, ADR remains a cornerstone in facilitating timely and amicable solutions to complex disputes.