ALTERNATIVE DISPUTE RESOLUTION- ISSUES AND CHALLENGES
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Transcript of ALTERNATIVE DISPUTE RESOLUTION- ISSUES AND CHALLENGES
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