Today, the frustration and disillusionment of people over the excessive delay in dispensation of justice looms large as a great threat to erode the confidence of people in the justice system of the country. It is the constitutional obligation of the judiciary to exercise its jurisdiction to repeat the faith of the people in the judicial set up. Therefore, evolution of new juristic principles for dispute resolution is not only important but imperative. Alternative dispute resolution (ADR) includes dispute resolution processes and techniques, which fall outside of the government judicial process.
The Concept & its efficacy
Alternative dispute resolution offers a more cooperative approach assisting to preserve underlying business relationships. The Alternative Dispute Resolution Mechanism is one of the most effective mechanisms to resolve commercial disputes of an international nature. Transcending national boundaries renders balanced judgments over the merchants disputes, as the Law Merchants of Medieval ages rendered justice in light of "fair price", good commerce, and equity. Visualizing the participatory nature of such laws the ADR method is also formulated in the similar vein.
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ADR Procedures
Generally, ADR procedures can be divided into two categories namely, adjudicatory and non adjudicatory. The adjudicatory procedures such as arbitration and binding expert determination lead to a binding ruling that decides the case. The non-adjudicatory procedures contribute to resolution of disputes by agreement of the parties without adjudication such as conciliation, Mediation and Negotiation.
Negotiation
A non-binding process in which discussions between the parties is initiated without the involvement of any third party with the object of arriving at a negotiated settlement of the disputes.
Conciliation Mediation
A non-binding procedure in which an impartial third party, the mediator assists the parties to a dispute in reaching a mutually satisfactory and agreed settlement of the dispute.
Arbitration
A procedure in which the dispute is submitted to an arbitral tribunal which makes a decision on the dispute that is binding on the parties.
Mini-Trial
A non binding procedure in which the disputing parties are presented with summaries of their cases to enable them to assess the weakness, strengths, and prospects of their case to negotiate a settlement with the assistance of a neutral adviser.
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