ALTERNATIVE DISPUTE RESOLUTION- ISSUES AND CHALLENGES

PRESENTED BY: M. AMUDHA

Various kinds of ADR mechanisms

ADR MECHANIS

MS:Arbitration

Mediation

Conciliation

Expert Determinati

onNegotiation

Early Neutral

Evaluation (ENE)

Fact-finding

Hybrid Arbitration

ARBITRATION

• VOLUNTARY BY PRIOR AGREEMENT

• LOWER COSTS• REACH FASTER CONCLUSION• MORE PRIVATE THAN

LITIGATION• FRIENDLIER THAN LITIGATION• MORE CREATIVE SOLUTIONS

AND SETTLEMENT• BETTER CONTROL OVER

OUTCOME

MEDIATION

CONCILIATION There is no agreement for arbitration.

Conciliation can be done even if there is arbitration agreement.

The conciliator only brings parties together and tries to solve the dispute using his good offices.

The conciliator has no authority to give any award.

Helps parties in arriving at a mutually accepted settlement.

What Can Be Referred To Conciliation Matters of a –

Civil nature

Breach of contract

Disputes of movable or immovable property

Offer for Conciliation ;

when one of the parties makes a written request to other to conciliate, briefly identifying the dispute.

The other party SHOULD accepts in writing the invitation to conciliate.

Unless there is written acceptance, conciliation cannot commence.

If the other party does not reply within 30 days, the offer for conciliation can be treated as rejected

What Cannot Be Referred To Conciliation

Matters of –

Criminal nature

Illegal transactions

Matrimonial matters like divorce suit etc.

Various kinds of ADR mechanisms - CONTD

ADR MECHANIS

MS

Judge hosted

settlement conference

Mini trial

Court based mini

trial

Regulatory Negotiatio

nOmbudsma

n

Private Judging

Two-track approach

ADR Institutions across the World

INTERNATIONAL ORGANISATIONS

Permanent Court of

Arbitration (PCA)

World Trade Organisation

(WTO)

International Chamber of Commerce

(ICC)

Court of Arbitration for Sport (CAS)

United Nations

Commission on

International Trade Law

(UNCITRAL)

Implementation of ADR in India

• Attitudes• Impediments to settlement• Ignorance• Corruption• No guarantee towards final decision• Dissatisfaction

Problems in implementati

on