DESCRIBE THE KINDS AND SNAPSHOTS OF THE ADR TECHNIQUE OR

PROCESS?

1. PREAMBLE:
To make possible easy and inexpensive access to justice in disputes is an important
challenge to the legal system in developing countries. Alternative Dispute Resolution
(ADR) is one of the methods used in this connection to resolve disputes in expeditious
and inexpensive manners. This is an informal justice system and alternative to courts
in a globalized world. Though it is a new phenomenon as such, it is still an evolving
concept and is gathering great momentum in the present era.

2. RELEVANT PROVISION OF LAW:

Arbitration Act 1940.
Articles 153-154, 156, 184, 160 of the Constitution of Pakistan.

3. INTERPRETATION OF THE TERM ADR:

According to the Oxford Dictionary of Law:
Various methods for resolving civil disputes, otherwise than through the normal trial
process.

4. DEFINITION OF TERM ADR:

A type of dispute resolution that seeks to limit the costs of litigation by using the
alternative, often out-of-court means, such as arbitration, conciliation, and summary
possession proceeding.

5. SYSTEM OF ADR:
Experience has shown it to be an effective and efficient system for the resolution of
disputes in an amicable, speedy, and less costly manner.

6. SIGNIFICANCES OF ADR TODAY:

ADR is beginning to gain greater significance today than at any other time in the past.
The main reason for this popularity is the fact that the judicial system particularly in
developing countries has been coming under extraordinary strain, owing to the
increasing load of cases as well as the varying nature of disputes calling for expert
knowledge not available in the bar and bench.

7. SCOPE OF ADR:
ADR is a generic term referring to a wide variety of practices. The term "alternative
dispute resolution" (ADR) is used to cover a range of non-litigation solutions to
disputes between parties. A wide range of ADR options is available to parties. The
suitability of each will depend on the circumstances of the particular dispute. The
most common forms of ADR encountered in patent disputes are mediation and
arbitration.
8. NATURE OF ADR:
In essence, it is a method for the out-of-court settlement of disputes through different
modes such as arbitration, mediation, conciliation, neutral evaluation, facilitation, etc.

9. ADR IN DEVELOPED COUNTRIES:

In developed countries like the USA, UK, and EU, ADR has already become popular.
In many developed countries meditation has already made a condition precedent to
seeing redress through courts.

10. ADR IN DEVELOPING COUNTRIES:

In developing countries it would be useful for those parties in disputes to give careful
thought to ADR's techniques and processes as a practical method, inter-alia, to relieve
the pressure on the ordinary court of law and get quick relief.

11. AMENDMENTS IN PROCEDURAL LAW OF PAKISTAN.

Similar amendments in procedural laws of Pakistan should help in promoting
meditation as a part of the ADR process which will ultimately not only benefit the
litigant public, and reduce the burden of ordinary courts but will also develop and
bring out a profound change in the existing culture of litigation.

12. TECHNIQUES OF ADR:

Techniques of ADR represent an effort to design a workable and reliable alternative
to the traditional judicial system. It is a fast-track system of dispensing justice. It has
been empirically proved that the alternate dispute resolution system has not only
helped reduce cost and time taken in for the process but also in providing a less
acrimonious, less formal, and less complicated form for various types of disputes".

13. KINDS OF ADR TECHNIQUES:

The main process of ADR are following:
● Negotiation.
● Mediation.
● Conciliation.
● Arbitration.

14. NEGOTIATION:
It represents the first stage in resolving the dispute through mutual understanding.
This is a mutual goodwill measure expected to lead to the resolution of the dispute
and has been successful in many cases.

15. MEDIATION:
Mediation refers to a process of bringing together both sides in a dispute for its
resolution through a dialogue in which a neutral third party, the mediator, using
appropriate techniques, assists two or more parties to help them negotiate an
agreement, with concrete effects on a matter of common interest.
16. CONCILIATION:
The process is similar to mediation but here is neutral. a third party takes one or more
interventionist roles in bringing the two parties together. In the event of the party's
failure to reach a mutually acceptable settlement, the conciliators issue a
recommendation that is binding, unless it is rejected by one of them. Likewise, while
the conciliator may have an advisory role on the content of the dispute or the outcome
of its resolution, it is not a determinative role. A conciliator does not have the power
to impose a settlement.

17. ARBITRATION:
Arbitration proceedings though in many respects akin to judicial proceedings are
much more flexible than regular judicial processes. Rules of procedure are either
devised by the parties themselves or by arbitrators. Proceedings begin when either or
both parties submit a dispute for arbitration. Universally the first step is the
appointment of arbitrators. Proceeding commences once a party requests the
appointment of an arbitrator. The second party is intimated about the initiation of
proceedings and he is asked for his reply to the claims of the first party. The law
governing the arbitration proceedings is either chosen by the parties or left to the
discretion of the tribunal. The law of the place of arbitration or where the contract or
performance of the contract took place can be employed to govern the proceedings.
The parties may also agree that matters be decided following equity and principles of
natural justice. The arbitration proceeding is usually kept confidential. The decision of
an arbitrator is in the form of an Award and it is final and binding. The consent of the
parties for the enforcement of the award is not necessary.

18. FINAL NOTE:

Finally, it can be said that alternative dispute resolution is usually considered to be an
alternative to litigation. It also can be used as a colloquialism for allowing a dispute to
drop or as an alternative to violence. It can provide a better solution to disputes more
expeditiously and at less cost than litigation.