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Chief Justice of Himachal Pradesh High Court, inaugurated building of Alternative Dispute Resolution Centre (ADRC) in Hamirpur district :
Alternative Dispute Resolution (ADR) Mechanisms :
Alternative Dispute Resolution (ADR) is a settlement out of Court settlement can be discussed by any party at any time during litigation and is often a cost-effective alternative to trial. They are being promoted in a big way in view of the huge arrears of the cases and delay in justice delivery. A significant aspect of ADRs is preserving the important social relationships for disputants, which a judicial process/outcome is never able to maintain. Usually the Court does not require the parties to discuss or attempt settlement, but most courts have Procedures by which a party can request the Court’s assistance in Settlement.
Mainly there are following Commonly practiced alternative dispute resolution mechanisms – Arbitration, Mediation, Conciliation and Lok Adalat.
Arbitration : Arbitration is a traditional alternative to Court-based litigation which is often Quite time and resource Consuming. Arbitration is a quasi-judicial Process in which there are two disputing parties and a third, neutral person, Called as arbitrator or arbiter, who sits as a private judge. It is binding method of dispute resolution governed by Statute. The arbitrator resolves the dispute of the parties in Confidential manner.
Conciliation : Conciliation is an alternative dispute resolution process where by a neutral third party is appointed as a Conciliator with Consent of the disputants. The Conciliator is not bound by the rules of evidence. His job is to pacify the two parties by setting their issues. This Conciliator then requests both the parties to prepare a list of objectives they wish to resolve. At no point of time during the Conciliation process do the two parties meet.
Mediation : Mediation is a voluntary and Consensual process where in the disputing parties are assisted in reaching a mutually agreeable settlement by a neutral third party termed as mediator, whose role is to facilitate Communications and discussions, but who has no interchangeably. There is not much difference between them.
Lok Adalat : Lok Adalat is the concept having its roots in ‘people’s Court’. It is the System of Nyaya Panchayat Conceptualized as Lok Adalat. It involves people who are directly affected by dispute resolution. The main reason for bring participation in decision making. The Supreme Court has Considered the legal aid as a Fundamental Right under Article 21. Lok Adalat has been assigned to the Lok Adalat under the Legal Services authorities Act, 1987 which provides Statutory base to such Lok Adalat. They are regularly organized primarily by the State Legal Aid and Advice Boards with the help of District Legal Aid and Advice dispute resolution system presided over by a sitting or retired judicial officer as the chairman, with two other members, usually a lawyer and a Social Worker.
By: Pooja Sharda ProfileResourcesReport error
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