Wednesday, February 5, 2025

Alternative Dispute Resolution (ADR) mechanisms in India

Alternative Dispute Resolution (ADR) mechanisms in India provide an alternative to traditional litigation for resolving disputes. Here are the main types of ADR in India, along with their subtypes:

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.

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.

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.

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.

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.

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.

8. Tribunal
Tribunal is a quasi-judicial body that hears and decides disputes in specific areas, such as labor or tax law.

These ADR mechanisms provide parties with alternatives to traditional litigation, promoting faster, more cost-effective, and less adversarial dispute resolution.

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