What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution is a name given to a collection of procedures and methods that parties might use in place of conventional court procedures or litigation to settle disagreements. ADR procedures are intended to be less formal, quicker, and more adaptable than conventional legal procedures. ADR is an attempt to establish an alternative mechanism other than the traditional methods of dispute resolution.
In India, ADR is established on the basis of Article 14 (Equality before Law) and Article 21 (Right to Life and Personal Liberty) under the Constitution of India. The Directive Principles of State Policy (DPSP) enriched in Article 36 and Free Legal Aid as engraved in Article 39-A of the Constitution of India can also be achieved by the ADR.
Alternative Dispute Resolution (ADR): Meaning, Types and FAQs
Alternative Dispute Resolution (ADR) has become a vital strategy for settling disputes outside of the conventional courts. Alternative Dispute Resolution processes are offered to parties in conflicts, and these processes are often faster, more adaptable, and less expensive than litigation. In simple terms, an Alternative Dispute Resolution (ADR) is a process used to settle disputes outside of a courtroom. It typically denotes a wide range of dispute-resolution processes and techniques that act as a means for disagreeing parties to agree. ADR’s main advantages are its ability to save money, save time, be flexible, and maintain connections. ADR procedures provide parties with the ability to actively participate in developing solutions, which promotes a feeling of autonomy and control. Many Alternative Dispute Resolution (ADR) techniques have secrecy built in, which promotes frank conversation and, ultimately, more fruitful results.
Geeky Takeaways:
- Alternative Dispute Resolution (ADR) offers to settle disputes outside of the courtroom with the help of an impartial third party.
- Outcomes or results may be advisory, non-binding, or enforceable without the right to appeal.
- In cases of criminal law, ADR is not advised or in situations where one party has excessive power over the other party.
Table of Content
- What is Alternative Dispute Resolution (ADR)?
- How ADR Operates?
- Types of ADR Mechanisms
- Advantages and Disadvantages of ADR
- Conclusion
- Alternative Dispute Resolution (ADR) – FAQs