Alternative Disputes Resolution (ADR) mechanisms

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News:Recently,the Supreme Court has appointed interlocutors for mediation with the anti-Citizenship Amendment Act protesters to end their blockade of a public road.Mediation is a part of Alternative Disputes Resolution(ADR) mechanisms

Facts:

About Alternative Disputes Resolution(ADR):

  • Alternative dispute resolution includes dispute resolution process and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. 
  • ADR is mentioned under Section 89 of the Civil Procedure Code.The several ADR mechanisms are: (a) Arbitration (b) Conciliation (c)Mediation and (d) Lok Adalats.

ADR mechanisms:

  • Arbitration:It is a method of resolution in which dispute is submitted to an arbitral tribunal which makes a decision on the dispute that is mostly binding on the parties.
  • Mediation:It is a non-binding procedure in which an impartial third party known as a mediator tries to facilitate the resolution process but he cannot impose the resolution and the parties are free to decide according to their convenience and terms.
  • Conciliation:It is also a non-binding procedure in which the conciliator assists the parties to a dispute to arrive at a mutually satisfactory and agreed settlement of the dispute.
  • Lok Adalats:It is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably.Lok Adalats have been given statutory status under the Legal Services Authorities Act,1987.