ALTERNATIVE DISPUTE RESOLUTION
LET US NOT NEGOTIATE WITH FEAR BUT LET US NOT FEAR TO NEGOTIATE.
Alternative dispute resolution is a term that refers to several different methods of resolving business related, civil based dispute and matrimonial disputes outside traditional legal and administrative forums. These methodologies, which includes various types of arbitration and mediation, have surged in popularity in recent years because companies, parties and courts became extremely frustrated over the expenses, time and emotional toll involve in resolving dispute through the usual avenue of litigation. ADR programs have emerged as an alternative, litigation free method of resolving disputes.The entire globe of ADR can be further subdivided under two major subhead which are Mediation and Arbitration. Mediation is a process whereby the parties involved utilize an out-side party to help them reach a mutually agreeable settlement. The mediator who maintains scrupulous neutrality throughout- suggest various proposal to help the two parties reach a mutually agreeable solution. Arbitration which a process which parties agree to submit their dispute to an independent natural third party, known as an arbitrator who consider argument and evidence from both side, then hands down a full and final binding decision, In contract to arbitration.
METHODS OF ADR
Negotiation : A non-binding procedure in which discussions between the parties are initiated without the intervention of any third party with the object of arriving at a negotiated settlement of the dispute.
Conciliation Mediation: A non-binding procedure in which an impartial third party, the conciliator/mediator, assists the parties to a dispute in reaching a mutually satisfactory and agreed settlement of the dispute.
Med-Arb: A procedure which combines sequentially conciliation/Mediation and where the dispute is not settled through conciliation/mediation within a period of time agreed in advance by the parties, arbitration.
MEDOLA : A procedure in which if the parties fail to reach an agreement through mediation, a neutral person, who may be the original mediator or an arbitrator, will select between the final negotiated offers of parties such selection being binding on the parties.
Mini-Trial : A non binding procedure in which the disputing parties are presented with summaries of their cases to enable them to assess the strengths, weaknesses, and prospects of their case and then an opportunity to negotiate a settlement with the assistance of a neutral adviser.
Arbitration: A procedure in which the dispute is submitted to an arbitral tribunal which makes a decision (an `award') on the dispute that is binding on the parties.
Fast track Arbitration: A form of arbitration in which the arbitration procedure is rendered in a particularly short time and at reduced cost.
Neutral listener Agreement: Parties to a dispute discuss their respective best settlement offer in confidence with a neutral third party who, after his own evaluation, suggests settlements to assist the parties to attempt a negotiated settlement.
Rent a judge: Disputing parties mutually approach a referee, usually a retired judge or lawyer before whom they present their case in informal proceedings. The referee judge gives his decision which is enforceable in a court of law. The fee of the referee is paid by the parties.
Final offer arbitration: Each party submits its monetary claim before a panel that renders its decision by awarding one and rejecting the other claim.
ADR procedures can be broadly divided into two categories namely, adjudicatory and non adjudicatory. The adjudicatory procedures such as arbitration and binding expert determination lead to a binding ruling that decides the case. The non-adjudicatory procedures contribute to resolution of disputes by agreement of the parties without adjudication such as Negotiation, Mediation and Conciliation. Mediation is different from Conciliation only in that in the former the neutral third party plays a more active role in putting forward his own suggestions for the settlement of the dispute.
Are these Settlements valid?
The ADR Mechanisms are legally valid and accepted by courts. The Courts have now been encouraging the use of ADR in cases where compromise is possible. The effect of an Arbitration Award which is similar to decision by a Court has the same effect of a decree and is final, binding and non-challengeable. Similarly the settlement agreements reached through the process of Conciliation or Mediation is deemed to be a decree and is binding. The Centre achieves settlement between the parties through the various modes in the best interest of the parties themselves. Where the agreement is on a dispute already pending before the courts, it shall be enforced as a decree by filing a Compromise suit. Thus willing parties who want to get their disputes settled and who does not want to undergo the long procedure and delays caused in the courts may resort to ADR by effectively utilizing the services of the ADR Centre.
Alternative dispute resolution is a term that refers to several different methods of resolving business related, civil based dispute and matrimonial disputes outside traditional legal and administrative forums. These methodologies, which includes various types of arbitration and mediation, have surged in popularity in recent years because companies, parties and courts became extremely frustrated over the expenses, time and emotional toll involve in resolving dispute through the usual avenue of litigation. ADR programs have emerged as an alternative, litigation free method of resolving disputes.The entire globe of ADR can be further subdivided under two major subhead which are Mediation and Arbitration. Mediation is a process whereby the parties involved utilize an out-side party to help them reach a mutually agreeable settlement. The mediator who maintains scrupulous neutrality throughout- suggest various proposal to help the two parties reach a mutually agreeable solution. Arbitration which a process which parties agree to submit their dispute to an independent natural third party, known as an arbitrator who consider argument and evidence from both side, then hands down a full and final binding decision, In contract to arbitration.
METHODS OF ADR
Negotiation : A non-binding procedure in which discussions between the parties are initiated without the intervention of any third party with the object of arriving at a negotiated settlement of the dispute.
Conciliation Mediation: A non-binding procedure in which an impartial third party, the conciliator/mediator, assists the parties to a dispute in reaching a mutually satisfactory and agreed settlement of the dispute.
Med-Arb: A procedure which combines sequentially conciliation/Mediation and where the dispute is not settled through conciliation/mediation within a period of time agreed in advance by the parties, arbitration.
MEDOLA : A procedure in which if the parties fail to reach an agreement through mediation, a neutral person, who may be the original mediator or an arbitrator, will select between the final negotiated offers of parties such selection being binding on the parties.
Mini-Trial : A non binding procedure in which the disputing parties are presented with summaries of their cases to enable them to assess the strengths, weaknesses, and prospects of their case and then an opportunity to negotiate a settlement with the assistance of a neutral adviser.
Arbitration: A procedure in which the dispute is submitted to an arbitral tribunal which makes a decision (an `award') on the dispute that is binding on the parties.
Fast track Arbitration: A form of arbitration in which the arbitration procedure is rendered in a particularly short time and at reduced cost.
Neutral listener Agreement: Parties to a dispute discuss their respective best settlement offer in confidence with a neutral third party who, after his own evaluation, suggests settlements to assist the parties to attempt a negotiated settlement.
Rent a judge: Disputing parties mutually approach a referee, usually a retired judge or lawyer before whom they present their case in informal proceedings. The referee judge gives his decision which is enforceable in a court of law. The fee of the referee is paid by the parties.
Final offer arbitration: Each party submits its monetary claim before a panel that renders its decision by awarding one and rejecting the other claim.
ADR procedures can be broadly divided into two categories namely, adjudicatory and non adjudicatory. The adjudicatory procedures such as arbitration and binding expert determination lead to a binding ruling that decides the case. The non-adjudicatory procedures contribute to resolution of disputes by agreement of the parties without adjudication such as Negotiation, Mediation and Conciliation. Mediation is different from Conciliation only in that in the former the neutral third party plays a more active role in putting forward his own suggestions for the settlement of the dispute.
Are these Settlements valid?
The ADR Mechanisms are legally valid and accepted by courts. The Courts have now been encouraging the use of ADR in cases where compromise is possible. The effect of an Arbitration Award which is similar to decision by a Court has the same effect of a decree and is final, binding and non-challengeable. Similarly the settlement agreements reached through the process of Conciliation or Mediation is deemed to be a decree and is binding. The Centre achieves settlement between the parties through the various modes in the best interest of the parties themselves. Where the agreement is on a dispute already pending before the courts, it shall be enforced as a decree by filing a Compromise suit. Thus willing parties who want to get their disputes settled and who does not want to undergo the long procedure and delays caused in the courts may resort to ADR by effectively utilizing the services of the ADR Centre.