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ALTERNATIVE Dispute resolution METHOD
- 1. ALTERNATIVE DISPUTE RESOLUTION METHODS PRESENTE BY SAHIL RANA(16MCE1008) CHANDIGARH UNIVERSITY
- 2. ALTERNATIVE DISPUTE RESOLUTION (ADR) METHODS Civil disputes occur when a person’s rights have been infringed or an individual has been injured as a result of another person’s action or inaction ADR involves settling a civil legal dispute by a method other than a decision before going to court.
- 4. FIVE TYPES OF ADRFIVE TYPES OF ADR :-
- 5. Negotiation :-Negotiation :- Negotiation is usually carried out without legal representatives, but each party can take their own legal representation to assist Negotiation involves two parties discussing and compromising to obtain an agreed solution Negotiation is not binding
- 6. Mediation :-Mediation :- Mediation involves an impartial third party who listens and directs discussion but does not suggest outcomes. Mediation is voluntary Atmosphere is informal All parties have their say Mediation is not binding
- 7. Disputes unsuitable for mediation disputes where there is no continuing relationship between the parties circumstances where both parties are not willing to attend mediation where there are overwhelming emotions involved where there is a history of broken promises
- 8. Conciliation :-Conciliation :- Conciliation involves a third party, who may make suggestions to the parties. The decisions are binding
- 9. Arbitration :-Arbitration :- Arbitration involves an independent third party who actually makes suggestions and actually imposes a decision on the parties. Arbitration is binding The magistrates’ court refers all civil disputes involving claims less than 10,000 to arbitration
- 10. Collaborative law :-Collaborative law :- • Collaborative Divorce and Alternative Dispute Resolution as a Practical Solution. ... Forms of ADR include negotiation, mediation, settlement conferences, and collaborative divorce (also known as collaborative law). Arbitration also is a form of ADR although it has some similarities to litigation
- 11. Advantages of ADR :- Less formal than courts Held at more suitable venues Often takes less time than court generally cheaper than litigation
- 12. Disadvantages of ADR :- Not suitable for all disputes Decisions are not legally binding Dispute may still end up in Court Need both parties to voluntarily participate
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