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NAME – DEBJANI DAS

REGISTRATION NO. – 200010321717
ENROLMENT NO. – 2012215001032
COURSE – BA.LLB (H)
SEMESTER - 8TH (4TH YEAR)
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Q) Different mechanisms of Alternate Dispute Redressal ?

Alternative Dispute Resolution (ADR) is a technique to resolve disputes and
disagreements between the parties by arriving at an amenable settlement
through negotiations and discussions. It is an attempt to establish an alternative
mechanism other than the traditional methods of dispute resolutions. The ADR
mechanism offers to facilitate the resolution of matters of business issues and
the others where it has not been possible to initiate any process of negotiation or
arrive at a mutually agreeable solution.
In India, ADR is established on the basis of Article 14 (Equality before law) and
Article 21 (Right to life and personal liberty) under the Constitution of India.
The Directive Principles of State Policy (DPSP) of Equal justice and free legal
aid as engraved in Article 39-A of the Indian Constitution can also be achieved
by the ADR.

Types of Alternate Dispute Resolution mechanisms:-

Various Alternative Dispute Resolution mechanisms can be classified as:
Arbitration
Conciliation
Mediation
Judicial Settlements inclusive of Lok Adalats
Negotiations
Arbitration
Arbitration
Under this form of Alternative Dispute Resolution mechanism, both the
parties involved in the dispute, choose the person to hear and determine
their dispute through a consensus. The objective of arbitration is to arrive at
a fair resolution through an unbiased tribunal speedily and in a cost-
effective manner. Arbitration occurs when a neutral independent party called an
arbitrator listens to arguments from both sides, collects evidence, and then
decides on the outcome of the dispute, similar to a court ruling. Arbitration can
either be non-binding or binding. The latter means the decision is final and
enforceable, while the former implies that the arbitrator’s ruling is advisory and
only set in stone if both parties agree to it.
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Conciliation
Under the process of conciliation, the intention is to facilitate the settlement
between the parties. The parties, however, are not obliged or are not bound by
the conciliation, in a sense that negotiations can be carried out until the parties
arrive at a mutually pleasing settlement. The process is handled by an impartial
individual termed as the conciliator. He is an active participant in the process of
conciliation and is involved in discussing the issues, negotiating and bringing
about an amicable settlement.
Mediation
A mediator is involved in assisting the parties in dispute to reach an agreement.
The parties in dispute themselves set the conditions of the settlement to be
reached. The third-party does not impose any decisions on the parties but
merely acts as a facilitator involved in improving the dialogue between the
parties. Mediation occurs when an independent third party steps in to try and
find a way for the insured and the insurer to agree on a mutually acceptable
outcome. The mediator is not called upon to decide who is right but rather to
add structure to communication between the disputing parties, so that they can,
hopefully, eventually reach a resolution between themselves.
Lok Adalats
The establishment of Lok Adalat system of dispute settlement system was
brought about with the Legal Services Authorities Act 1987 for expediting the
system of dispute settlement. In Lok Adalats, disputes in the pre-litigation stage
could be settled amicably.
Negotiations
It is the most common method of alternative dispute resolution. A non-binding
procedure in which discussions between the parties are initiated without the
intervention of any third party with the object of arriving at a negotiated
settlement to the dispute. Negotiation occurs in business, non-profit
organizations, and government branches, legal proceedings, among nations and
in personal situations such as marriage, divorce, parenting, and everyday life .
Negotiation occurs when there is direct contact between the parties to a dispute.
In order to arrive at a solution that is acceptable to both parties, it enables the
parties to debate their views, interests, and prospective solutions. The parties
may choose to negotiate informally amongst themselves or with the aid of
lawyers or other representatives.
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Conclusion
There are many other dispute resolution methods, like med-arb, mini trial,
summary jury trial etc. But arbitration, mediation and Lok Adalats etc are the
most commonly used techniques of ADR in India. Throughout the world, ADR
has been slowly becoming the favoured choice for parties, but India still relies a
lot on litigation. However, with the development of these ADR methods, and in
an effort to improve access to justice, ADR is being seen as a necessity. Legal
recognition should be given to all ADR methods including negotiation as they
are viable and convenient and it would help to ease the burden of the courts.