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Forms of Adr: Dr. Deepali Vashist

This document discusses various forms of alternative dispute resolution (ADR). It outlines five main forms: negotiation, mediation, conciliation, arbitration, and judicial settlement. It then provides more details on each form, including how they differ in terms of involvement of third parties, binding/non-binding nature, and procedures. The document also distinguishes between statutory, ad-hoc, and institutional arbitration as well as domestic and international arbitration.

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101 views14 pages

Forms of Adr: Dr. Deepali Vashist

This document discusses various forms of alternative dispute resolution (ADR). It outlines five main forms: negotiation, mediation, conciliation, arbitration, and judicial settlement. It then provides more details on each form, including how they differ in terms of involvement of third parties, binding/non-binding nature, and procedures. The document also distinguishes between statutory, ad-hoc, and institutional arbitration as well as domestic and international arbitration.

Uploaded by

Anonymous
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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FORMS OF ADR

Dr. Deepali Vashist


FORMS/KINDS OF ADR

NEGOTIATION
MEDIATIONNOT COPY
DO
CONCILIATION
ARBITRATION
JUDICIAL SETTLEMENT

Dr. Deepali Vashist


Three diverse Methods of
ADR

C OPY
INFORMAL OT
ADVANCED
N HYBRID
DO
METHOD METHODS FORMS/METHODS
• Advice of elderly people • Negotiation • Med-arb
• Nyay Panchayat • Mediation • Student legal services
• Conciliation clinic
• Arbitration

Dr. Deepali Vashist


Binding
• Arbitration OPY
C
N OT
• Conciliation
DO Settlement

Non-bindings
• Negotiation
• Mediation
Dr. Deepali Vashist
Negotiation

■ Only between the disputant parties or usually no third


party involvement
■ Confidential
C OPY
■ Informal NOT
DO

■ Non-binding
■ Grater control over procedure and final outcome
■ Wide range of possible solutions
■ Swift, economic, confidential and uncomplicated

Dr. Deepali Vashist


Mediation
 Usually court annexed/private
Trained mediator
C OPY
NOT
Aim to settle dispute
DO

Does not affect autonomy of parties


Very effective in solving the percentage of disputes
Confidential

Dr. Deepali Vashist


Conciliation

 No Prior Agreement
 Third party involvement
Y
 Industrial DisputesOT COP
N
DO
 Governed by Arbitration and Conciliation Act, 1996
 Just like judicial settlement of Lok -Adalat

Dr. Deepali Vashist


Judicial Settlement

■ Facilitative Mediation
■ Performed by aOTjudge
COP
Y but not a trial judge
N
DO
■ Conducive session where each party
separately offers an objective
assessment i.e. suggest settlement
option.

Dr. Deepali Vashist


ARBITRATION
 Arbitrator
 Agreement
OPY
 Existing and Future Dispute/s
C
NOT
DO

 Exclude the court not a judge


 Informal in combination of formal
 Arbitral Award

Dr. Deepali Vashist


Types of Arbitration

■ Statutory Arbitration
OPY
■ Ad-hoc Arbitration and
C
N OT
DO

Institutional Arbitration
■ Domestic and International
Arbitration
Dr. Deepali Vashist
Statutory Arbitration

■ Arbitration conducted in accordance with the provision


of some statute PY C O
T
■ Only particular kind
DO of disputes cover
N O

■ Appointment of arbitrator also in accordance to that


special statute.
■ Usually arbitral tribunal has exclusive jurisdiction
■ For e.g. Indian Electricity Act,1910

Dr. Deepali Vashist


• Not conducted under the auspices of any arbitral
institution.
AD-HOC • procedure is either agreed upon by the parties
according to an arbitration agreement or by the
arbitral OPY or court.
tribunal
C
N OT
DO
• Parties agree in advance that in event of future
the will refer to a particular institution
• Having own procedure
• For e.g. Indian Council of Arbitration(ICA)
International Chamber of Commerce(ICC),
INSTITUTIONAL Federation of Indian Chamber of Commerce &
Industry(FICCI), World Intellectual Property
Organization(WIPO) and The International
Centre for Alternative Dispute
Resolution(ICADR)
Dr. Deepali Vashist
• All aspect of arbitration governs by
domestic or national law like
Domestic nationality of parties, governing law ,
subject matter of contract and
PY
jurisdiction
OT
C Oof court etc.
N
DO
• Within or Outside India but
ingredient of foreign origin must
subsist like parties are not Indian,
International merits of dispute might be foreign
etc.

Dr. Deepali Vashist


OPY

THANK YOU
C
NOT
DO

Dr. Deepali Vashist

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