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FINALE

adr methods

Uploaded by

JUHI BHUTANI

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ARBITRATION,TRIBUNAL ADJUDICATION AND

ALTERNATE DISPUTE RESOLUTION

Objectives:-
 Adversarial System.
 Investigative System/Inquisitorial System.
 Alternative Dispute Resolution.(ADR)
 Setting aside of an Arbitral Award.
 Evaluative & Facilitative Mediation.
 Administrative Tribunal.
 Lok-Adalat.
 Lok-Pal .
 Lok-Ayuktas.
Adversarial and Inquistorial System.
The types of models of adjudication within the legal system are:-

 ADVERSARIAL SYSTEM:-  INQUISITORIAL SYSTEM/INVESTIGATIVE

 Parties develop their own theory of the SYSTEM:-
case.  The decision maker(judge) takes a center
 Lawyer is pro-active in delivering justice. stage in delivering justice.
 The role of judge is passive that is the  Less reliance is placed on cross examination,
judge decides the case on the basis of  The role of judge is active in which the
evidence and arguments presented by evidence must be presented before the court.
the lawyers and their parties respectively.  Countries like Continental Europe use Roman
 Countries like USA,UK,Australia,India are law or Neplionic code are represented as civil
represented as common law countries. law countries.
ALTERNATE DISPUTE RESOLUTION (ADR)

MEANING:- Alternate Dispute Resolution refers to the use of no

adversarial techniques(less interference of court)of adjudication of legal
disputes.
HISTORY:-There are several ADR techniques in India. In Vedic age there were
specialized tribunals for resolving disputes like:-
o KULA
o PUGA
o SHRENI
BENEFITS OF ADR
ADR methods are :-
 Informal
 Speedier
 Cheaper
 Flexible
 Parties can choose their time
 Place can also be chosen by the parties
 Procedure to resolve the dispute is simple without any
complexities.
NEED OF ADR METHODS
• Lack of number of courts of justice.
• Increase in litigation due to increase in population .
• Out of dated laws of some existing legal statues.
• Increase in cost of litigation , lawyer fees , incidental
expenses.
• Delay in disposal of cases resulting in huge pendency in
all courts
• Abraham Lincon has once said: “Discourage litigation.
Persuade your neighbours to compromise whenever you
can point out to them how the nominal winner is often a
real loser, in fees, expenses, and waste of time”.
WHAT IS ARBITRATION AND PROCESS OF
ARBITRATION?
Arbitration is a term derived from the nomenclature of Roman
law .It is a private arrangement of taking the disputes to a less
adversarial , less formal and more flexible forum
Process: Done by 2 ways-
 Arbitration agreement
 Court referral
Finally, because ADR fosters a
cooperative approach to legal disputes,
the parties are less likely to bear ill will
against each other and dissatisfaction
from the outcome of a long and costly
trial.
Types Of Arbitration
 Domestic Arbitration.
 Foreign Arbitration.
 Ad Hoc Arbitration.
 Institutional Arbitration.
 Statutory Arbitration.
 International Commercial Arbitration.
ADMINISTRATIVE TRIBUNALS
The 42nd amendment act , 1976 added article 323A
and 323B.
Range of Disputes-
 Disputes pertaining to service condt. of govt.
employees.
 Collection and Enforcement of taxes.
 Industrial and Labour Disputes.
 Election Disputes
 They are competent to rule its own jurisdiction
 Interim orders can be passed by the tribunals
Can Tribunals
Supersede The
Jurisdiction Of The
Courts?
Mediation and its Types

Mediation is a method of
ADR in which parties
appoint a neutral third
party who can resolve a Evaluative Mediation
dispute.
• Online Mediation

Facilitative Mediation
• Transformative Mediation
What are the subjects
which are totally
excluded from scope
of mediation?
LOK ADALAT
Lok Adalat is an innovative Indian contribution to global
legal jurisprudence.LOK stands for ‘people’ and ADALAT
stands for ‘court’. First lok adalat was held at Junagarh in
Gujarat on March 14, 1982 .
These are the following benefits of lok adalat :-
 No court fee
 No strict application for procedural laws.
 Decision of lok adalat is binding on parties.
 Fee paid will be refunded if dispute is settled at lok adalat.
 Disputing parties can directly interact with the judges.
OMBUDSMAN
Ombudsman is taken from the word ‘umbodsmaor’
essentially meaning representative .
Aim- To identify systematic issues leading to poor
service.
Types:-
 Chief vigilance officer
 Centralvigilance commission
LOK PAL AND LOKAYUKTA
A lokpal is an ombudsman in India. The lokayukta is a similar anti- corruption
ombudsman in India.
They were given formal recognition by the Lokpal and Lokayukta Act, 2013.
APPLICABILITY:-
 Public servants in and outside India.
 Current and Ex Prime Minister in India
EXCLUSIONS:-
 International Relations
 External and Internal security
 Public order
 Atomic energy
 Space
Thank You