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Alternate Dispure R System
Alternate Dispure R System
Alternate Dispure R System
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Alternative Dispute Resolution - Viva (Questions & Answers)
5. Area where ADR Work {Consumer Protection, Family matters , business, Private
International law, Motor claims MACT (Motor Accident Claims Tribunal)
6. Define ADR
A Technique of dispute resolution through the intervention of a third party
whose decision is not binding legally on the parties.”
4. Family Courts Act, 1984. Provides for matrimonial disputes through councelling
(Conciliation)
8. Conciliation is also under in : MACT Cases [MACT (Motor Accident Claims Tribunal)]
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9. Constitutional Background of ADR
Free legal aid to indigent persons is provided by state Article-39-A.
There constitutional Rescue operation began Justice V.R.Krishna Iyer and Justice
Bhagawathi ‘s report suggested for CILAS- Committee for Implementation of
Legal Aid Services.
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13. Matter which can not be referred to Arbitration.
Insolvency Proceedings
Probate Proceedings
Matrimonial cases except settlement of term of separation or divorce
Industrial disputes
Proceeding for appointment of a guardian
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24. Conciliation
A method used by parties to a dispute to reach an amicable settlement – with the
assistance of an independent third person or institution.
27. The Court Annexed Procedure of ADR was incorporated in CPC for the first time in
India : In 1999, 2002
30. First Lok Adalat was organised I which year : In 1982, Gujaraat, in AP 1985 in Vizag
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32. Can Criminal cases be dealt by ADR
Yes, through Lok Adalats, only compoundable criminal offences, Section – 320 (1)
Cr.P.C.
34. Whether award passed by Lok Adalat immuned from Article – 227
No, means can appeal lies in case of fraud, misappropriation or mistake of fact.
It is voluntary, nonbinding process in which the parties have control over the
outcome as well as procedures by which they make an agreement.
It allows for wide range of possible solutions, maximising the possibility of joint
gains.
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42. Negotiation is a non-binding communication : Ex. Shimla Agreement and Lahore
Declaration
District and Senior Judge make a list , after approval from the High Court put
them on notice board, publish copy to District Bar Association
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