FORMS OF ADR

Dr. Deepali Vashist

FORMS/KINDS OF ADR

NEGOTIATION
MEDIATIONNOT COPY
DO
CONCILIATION
ARBITRATION
JUDICIAL SETTLEMENT

Dr. Deepali Vashist

 Three diverse Methods of
ADR

C OPY
INFORMAL OT
ADVANCED
N HYBRID
DO
METHOD METHODS FORMS/METHODS
• Advice of elderly people • Negotiation • Med-arb
• Nyay Panchayat • Mediation • Student legal services
• Conciliation clinic
• Arbitration

Dr. Deepali Vashist

Binding
• Arbitration OPY
C
OT
• Conciliation
DO Settlement
N

Non-bindings
• Negotiation
• Mediation
Dr. Deepali Vashist
Negotiation

■ Only between the disputant parties or usually no third

party involvement
■ Confidential
C OPY
■ Informal NOT
DO

■ Non-binding
■ Grater control over procedure and final outcome
■ Wide range of possible solutions
■ Swift, economic, confidential and uncomplicated

Dr. Deepali Vashist

 Mediation
 Usually court annexed/private
Trained mediator
C OPY
NOT
Aim to settle dispute
DO

Does not affect autonomy of parties

Very effective in solving the percentage of disputes
Confidential

Dr. Deepali Vashist

Conciliation

 No Prior Agreement
 Third party involvement
Y
 Industrial DisputesOT COP
N
DO
 Governed by Arbitration and Conciliation Act, 1996
 Just like judicial settlement of Lok -Adalat

Dr. Deepali Vashist

 Judicial Settlement

■ Facilitative Mediation
■ Performed by aOTjudge
COP
Y
but not a trial
N
DO
judge
■ Conducive session where each party
separately offers an objective
assessment i.e. suggest settlement
option.

Dr. Deepali Vashist

 ARBITRATION
 Arbitrator
 Agreement
C OPY
 Existing and Future
DO Dispute/s
NOT

 Exclude the court not a judge

 Informal in combination of formal
 Arbitral Award

Dr. Deepali Vashist

Types of Arbitration

■ Statutory Arbitration
C OPY
■ Ad-hoc Arbitration
DO
N OT
and
Institutional Arbitration
■ Domestic and International
Arbitration
Dr. Deepali Vashist
 Statutory Arbitration

■ Arbitration conducted in accordance with the provision

of some statute PY C O
OT
■ Only particular kind
DO of disputes cover
N

■ Appointment of arbitrator also in accordance to that

special statute.
■ Usually arbitral tribunal has exclusive jurisdiction
■ For e.g. Indian Electricity Act,1910

Dr. Deepali Vashist

 • Not conducted under the auspices of any arbitral
institution.
AD-HOC • procedure is either agreed upon by the parties
according to an arbitration agreement or by the
arbitral OPY or court.
tribunal
C
N OT
DO
• Parties agree in advance that in event of future
the will refer to a particular institution
• Having own procedure
• For e.g. Indian Council of Arbitration(ICA)
International Chamber of Commerce(ICC),
INSTITUTIONAL Federation of Indian Chamber of Commerce &
Industry(FICCI), World Intellectual Property
Organization(WIPO) and The International
Centre for Alternative Dispute
Resolution(ICADR)
Dr. Deepali Vashist
 • All aspect of arbitration governs by
domestic or national law like
Domestic nationality of parties, governing law ,
subject matter of contract and
PY
jurisdiction
OT
C Oof court etc.
N
DO
• Within or Outside India but
ingredient of foreign origin must
subsist like parties are not Indian,
International merits of dispute might be foreign
etc.

Dr. Deepali Vashist

 OPY

THANK YOU
C
NOT
DO

Dr. Deepali Vashist