Alternative Dispute Resolution - Viva (Questions & Answers)

1. ADR Obrivation?

Alternative Dispute Resolution

2. It is also called as ?
External Dispute Resolution
3. The country which campaigned about ADR
USA
4. What is ICADR
International Centre for Alternative Dispute Resolution, Delhi
5. Area where ADR Work
Consumer Protection, Family matters , business, Private International law, Motor claims MACT(Motor Accident
Claims Tribunal)
6. Define ADR
A Technique of dispute resolution through the intervention of a third party whose decision is not binding
legally on the parties.” Aims at providing a remedy most sited to both the parties.
7. Statutory Recognition of ADR
1. CPC Order – 32A, Rule-3 of CPC,1908.
Section-89 were incorporated by amendment to CPC in 1999.
2. Industrial Dispute Act,1947
Section-12 provides for conciliation.
3. Hindu Marriage Act, 1955
Section-23, provides for reconciliation
4. Family Courts Act, 1984
Provides for matrimonial disputes through councelling ( Conciliation)
5. Arbitration and Conciliation Act,1996
Provides for adopting UNCITRAL
8. Conciliation is also under in
MACT Cases
9. Constitutional Background of ADR
Free legal aid to indigent persons is provided by state Article-39-A.
Right to life guaranteed under Article-21
There constitutional Rescue operation began Justice V.R.Krishna Iyer and Justice Bhagawathi ‘s report suggested
for CILAS- Committee for Implementation of Legal Aid Services.
10. Modes of ADR
1. Arbitration
2. Conciliation
3. Mediation
4. Negotiation
5. Judicial Settlement through Lok Adalat
6. Pre-litigation process
7. Fast Track Arbitration or time bound
For National and International Arbitration for commercial dispute. The Arbitration concludes within a
short period.(probably one or two days)
 8. Lok Adalat
Legal Service Authority Act,1987
9. ODR – Online Dispute Resolution
Viable in the area of e-commerce
10. Virtual Courts
Where the accused person are prevented in the court from the police station through a video link.
11. Define Arbitration
Settlement of difference or disputes by mutual understanding or agreement by parties where the rights
and liabilities of the parties are adjudicated which are binding on them, such settlement made before
the arbitral tribunal but not by court of Law.
12. Differences between Arbitration and Litigation
In Arbitration disputes relating to matter where high technicality or expertise is concerned expert in that area
can be appointed where judges are people technically.
In court adjudication, contractual rights of parties are determined where are in Arbitration the arbitrator
can modify the contractual rights of the parties at his direction with the consent of the parties.
13. Matter which can not be referred to Arbitration.
Insolvency Proceedings
Probate Proceedings
Matrimonial cases except settlement of term of separation or divorce
Industrial disputes
Proceeding for appointment of a guardian
14. Appointment of Arbitrator
Section-11
15. No. of Arbitrators
Section – 10
16. Challenge and Removal
Section – 12 to 15
17. Place of Arbitration (Venue)
Section-20 (comfertable to the parties)
18. Commencement of arbitral Proceedings
Section – 21
19. Settlement through Negotiation, Mediation, Conciliation while pending Arbitration.
Section-30
20. Form and contents of Arbitral Award
Section – 31
21. Termination of Arbitral Proceedings
Section -32
22. Application for setting aside the award.
Section -34
23. Whether appeal lies from the arbitration ?
Yes, in two can according the Section – 37
Lack of Jurisdiction
When a dispute in beyond the scope of its authority
24. What is conciliation
A method used by parties to a dispute to reach an amicable settlement – with the assistance of an independent
third person or institution.
25. Statutory recognition of Conciliation
1. Industrial Disputes Act,1947
2. Hindu Marriage Act,1955
3. Family Courts Act,1984
4. CPC,1908 amended in 1976,1999,2002
5. Legal Service Authorities Act,1987
6. Arbitration and Conciliation Act,1996
7. MACT Claims
26. Famous case in the area of ADR
“Salem Bar Association “case, where the ADR rules under CPC can be applied to supplement the cover under
Family courts Act, as far as conciliation or mediation in concerned.
27. The Court Annexed Procedure of ADR was incorporated in CPC for the first time in India
In 1999, 2002
28. Which section was reinserted to CPC in 1999 and 2002?
Section – 89 provided or authorise the court to try the process of ADR.
29. Salem Bar Association, Tamilnaadu Vs Union of India(2005), Significance.
The Supreme Court asked the High Court to approve rules made by Justice Jaganatha Rao Committee and
implement ADR measures under the Section – 89 CPC.
30. First Lok Adalat was organised I which year
In 1982, Gujaraat, in AP 1985 in Vizag
31. Cognizance of cases by Lok Adaalat
Section- 20
32. Can Criminal cases be dealt by ADR
Yes, through Lok Adalats, only compoundable criminal offences, Section – 320 (1) Cr.P.C.
33. Advantage of Lok Adalat
Court Fee is returned
34. Whether award passed by Lok Adalat immuned from Article – 227
No, means can appeal lies in case of fraud, misappropriation or mistake of fact.
35. Permanent Lokadalats
By Amendment Act,2002, Section-22A to 22E of Legal Service Authority Act,1987 in Public Utility Services.
36. Conciliation not bound by
CPC, Evidence Act,(under Section-66)
37. Conciliation proceedings should follow
Principles of Natural Justice
38. Principles of confidentiality
Section – 75 of 1996 Act.
39. Negotiation defined by Pepperdine University of USA
“A Communication process used to put deal together or resolve conflicts. It is voluntary, non-binding
process in which the parties have control over the outcome as well as procedures by which they make an
agreement. It allows for wide range of possible solutions, maximising the possibility of joint gains.
40. Negotiation Nature?
A bilateral mode of proceedings.
41. Negotiation Styles
Cooperative, competitive style
42. Negotiation is a non-binding communication
Ex. Shimla Agreement and Lahore Declaration
43. BATNA in Negotiation means
Best Alternative to Negotiated Arrangement
44. WATNA in Negotiation means
Worst Alternative to Negotiated Arrangement
45. Negotiation under Statutory Recognition
1. Hindu Marriage Act,1955 (section-23)
2. Special Marriage Act,1954 (Section-34)
3. Code of Civil Procedure ,1908( order- XXXIIA,Rule-3)
4. Family Courts Act,1984 (preamble)
5. The Legal Services Authority Act,1987 (section-19)
6. The Arbitration & Conciliation Act,1996
46. Define Mediation
It is an informal process in which a trained mediator assists the parties to jointly explore and
reconciliation their differences and reach a negotiated settlement.
47. Mediation Rules
Civil Mediation Rules,2003
48. Panel of Mediator
Parties can agree in appointing a mediator on their own or High Court prepares a panel of Mediators,
keep it on the notice board and a copy is sent to the Bar Association.
District and Senior Judge make a list , after approval from the High Court put them on notice board,
publish copy to District Bar Association
Take the consent of the people enlisted.
49. Role of Mediator
Mediator Facilitates voluntary resolution of the dispute by parties, and communicate the view of each
party to the other, assist them in identifying issues, reduce misunderstandings, clarifying priorities, exploring
reducing areas of compromise and generates options in an attempt to solve the dispute. He shall not impose
any terms of settlement on the parties.
50. Time limit for Mediation
Usually 60 days from date of first appearance till the proceedings end or terminate. If needed further 30 days in
necessary cases.
51. Settlement Agreement
Mediation Settlement Agreement
52. Two models of Mediation
Interest based, The rights based Mediation
53. Mediator in
A catalyst and induces the parties
54. Styles of Mediation or approaches
Facilitative approach or Eraluative approach
55. Practical application of Mediation
1. In commercial Litigation
2. In Medical Malpractice
3. Mediation in Bankruptcy