Alternative Dispute

Resolution
y
ot co p
n
Do

Dr. Deepali Vashist

Dr.Deepali Vashist 1
To accomplish legal ideal that is “where
there is a wrong there must be a remedy”

Every Civilized society Possesses a legal set-up i.e. method of

c o py
dealing with offences
o not and civil wrongs, including institution
D
like police, courts and prison that enforce and enact laws

Dr.Deepali Vashist 2
 LAW

Rule of conduct or action prescribed or

formally recognized as binding or
enforced by a controlling authorityot copy
n
Do

Dr.Deepali Vashist 3
 Procedure established by Law

PROCEDURAL LAW SUBSTANTIVE LAW

C.P.C o
IPC
py
c
o not
Cr.P.C D

IEA

Dr.Deepali Vashist 4
 Beyond Reasonable
MAXIMS Doubt
Presumption of
Do
n ot co p
y

Innocence
Dr.Deepali Vashist 5
Huge Delay in disposal
leads to Mounting
Arrear of Cases

However, there are many other factors also:

• Non implementation of negotiation process
• Less number of judges
• c o
Rigid Formal legal system so, thorough but delayed py
o not
D
• State v. state
• Pervasive Corruption
• Inequality in system

Dr.Deepali Vashist 6
Something other than judicial
Adjudication by court or litigation for
dispensing justice
Talk it out, not fight it out
Hence,
ADR is an alternative method of t copy What is
no
resolving dispute and not an Do
an “ADR”
alternate of court

Dr.Deepali Vashist 7
 Meaning of ADR

ADR refers to a variety of

processes that help parties in
resolving their dispute without
c o py
o not
D

trial
Dr.Deepali Vashist 8
 ADR –ACRONYMS

• ALTERNATIVE DISPUTE RESOLUTION

• ADDITIONAL DISPUTE RESOLUTION
• ASSISTED DISPUTE RESOLUTION
• APPROPRIATE DISPUTE RESOLUTION
c o py
• AMICABLE DISPUTEDoRESOLUTION
not

Dr.Deepali Vashist 9
 Speedy Relief
Features of Economic Alternative in terms of money, time and energy
ADR Parties Autonomy

Simple ModuspyOperandi
co
o not
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Facilitate parties to access justice

Dr.Deepali Vashist 10
 Nature of ADR

PREVENTIVE MEASURE
• By providing facility for pre –litigation counselling and mediating
point
y
ot co p
n
Do
CHANNELIZATION OF DISPUTE
• To by pass conventional formal justice system
Dr.Deepali Vashist 11