Wednesday, February 5, 2025

ADRs alternative disputes resolution in India



1. Arbitration
Arbitration involves a neutral third-party arbitrator who hears the dispute and makes a binding decision.

_Subtypes:_
- _Ad hoc Arbitration_: Arbitration without institutional support.
- _Institutional Arbitration_: Arbitration conducted through institutions like the Indian Council of Arbitration.
- _International Commercial Arbitration_: Arbitration for international commercial disputes.
- _Domestic Arbitration_: Arbitration for domestic disputes.
- _Fast Track Arbitration_: Expedited arbitration process for urgent disputes.
- _Online Arbitration_: Arbitration conducted through digital platforms.

2. Conciliation
Conciliation involves a neutral third-party conciliator who helps parties negotiate a settlement.

_Subtypes:_
- _Med-Arb_: A combination of mediation and arbitration.
- _Conciliation Boards_: Established under the Industrial Disputes Act, 1947.
- _Court-Annexed Conciliation_: Conciliation conducted through courts.
- _Private Conciliation_: Conciliation conducted outside of courts.
- _Community Conciliation_: Conciliation conducted through community-based organizations.

3. Mediation
Mediation involves a neutral third-party mediator who facilitates negotiations between parties.

_Subtypes:_
- _Court-Annexed Mediation_: Mediation conducted through courts.
- _Private Mediation_: Mediation conducted outside of courts.
- _Community Mediation_: Mediation conducted through community-based organizations.
- _Online Mediation_: Mediation conducted through digital platforms.
- _Transformative Mediation_: Focuses on transforming relationships and communication.
- _Facilitative Mediation_: Focuses on facilitating negotiations and reaching agreements.

4. Lok Adalat
Lok Adalat (People's Court) is a non-formal, non-judicial dispute resolution mechanism.

_Subtypes:_
- _Permanent Lok Adalat_: Established under the Legal Services Authorities Act, 1987.
- _National Lok Adalat_: Conducted by the National Legal Services Authority.
- _State Lok Adalat_: Conducted by state legal services authorities.
- _District Lok Adalat_: Conducted by district legal services authorities.

5. Negotiation
Negotiation involves direct communication between parties to reach a mutually acceptable agreement.

_Subtypes:_
- _Direct Negotiation_: Face-to-face negotiation between parties.
- _Indirect Negotiation_: Negotiation through intermediaries.
- _Distributive Negotiation_: Focuses on dividing resources or assets.
- _Integrative Negotiation_: Focuses on finding mutually beneficial solutions.
- _Principled Negotiation_: Focuses on objective criteria and principles.

6. Med-Arb
Med-Arb combines mediation and arbitration, where the mediator also acts as the arbitrator if mediation fails.

7. Ombudsman
Ombudsman is an independent, impartial authority that investigates and resolves complaints.

_Subtypes:_
- _Lokpal_: Ombudsman for investigating corruption complaints against public officials.
- _Lokayukta_: Ombudsman for investigating corruption complaints against state government officials.

8. Tribunal
Tribunal is a quasi-judicial body that hears and decides disputes in specific areas.

_Subtypes:_
- _Administrative Tribunal_: Hears disputes related to administrative matters.
- _Labor Tribunal_: Hears disputes related to labor laws.
- _Tax Tribunal_: Hears disputes related to tax laws.
- _Consumer Tribunal_: Hears disputes related to consumer protection.

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