ALTERNATIVE DISPUTE

RESOLUTION SYSTEM

CONCEPT AND HISTORY OF ADR IN INDIA

TANYA CHHABRA
3591-B
SEM-9
 MEANING OF ADR

• Any Method of resolving disputes without

litigation (outside the courtroom) is known as
Alternate Dispute Resolution System (ADRs).
• It is a substitute to conventional methods of
resolving methods.
• It consists of simple methods and free from
procedural technicalities.
 EVOLUTION

1. Panchayats
2. Gathering/ Family Council
3. Adhikrita & Nripa (Courts appointed by King)
4. Marathas Period
5. Muslim Period (Hedaya Judge known as Kazee)
 ADR IN INDIA
• In India, the law and practice of private and
transactional commercial disputes without court
intervention can be dated back to ancient times.
• Arbitration/ Mediation as an alternative to
dispute resolution by Municipal Courts has been
prevalent in India from Vedic time.
Cont..
• In India, the Arbitral bodies, known as
Panchayats, dealt with variety of disputes as
disputes of contractual, matrimonial and even of
a criminal nature.
• The disputants would ordinarily accept the
decision of the panachayat and hence a
settlement arrived consequent to conciliation by
the panchayat would be as binding as the
decision that was on clear legal obligations.
INDIAN RESPONSE TO LITIGATION EXPLOSION
• ADR mechanisms were initiated by EIC-British Raj
• Bengal Resolution Act, 1772
• Regulations of 1787, 1793, 1795
• 1802, 1814, 1822, 1883
• Madras Presidency Regulation Act 7 in 1860
• Act 8 in 1857
• Indian Arbitration, 1899- English Arbitration Act, 1889
• Civil Procedure Code, 1908
• Arbitration Act, 1940
• Arbitration & Conciliation Act, 1996
 ADVANTAGES OF ADR
1. More flexibility
2. ADR is speedy
3. Expenses are reduced
4. Select your own Arbitrator/ Mediator
5. Results can be kept confidential
6. Preserves relationship
7. Party Participation
8. Finality of Awards
 DISADVANTAGES OF ADR

• There is no guaranteed Resolution

• Possibility of Bias
• Decisions are final (No Appeal)
• Discovery limits
• Informal, more opportunity of Abuse of power
• Lack of power- to establish legal precedents
 CONCLUSION
• ADR refers to a variety of processes that help
parties resolve disputes without a trial.
• It is a procedure for settling disputes by means
other than litigation.
• It is a substitute to conventional methods of
resolving disputes which covers civil and
commercial nature of business.
• The main aim is to provide alternative mode of
dispute resolution in the common law countries.
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A NK Y
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