What is ADR , meaning of ADR and types of ADR

What is ADR ?

The term 'ADR' stands for Alternative Dispute Resolution mechanism or Alternate Dispute Resolution. The ADR is a alternative procedure by which we settle our dispute without going to court. ADR is a modern and effective step to minimize the pendency of number of cases in India.

When we talk about civil rights of a person if they got violated or offended by any person then the person effected must go to the civil court by the way of a civil suit. Civil rights basically means where you would get compensation and which basically would not be providing the criminal acts and liabilities. The acts which are treated as offense or crime they are basically of criminal nature. No doubt there are many things which are both having civil as well as criminal nature for e.g. Negligence, Defamation etc. But here we are not concerned with that aspect.

Meaning of ADR

As a general law in Code of Civil Procedure (hereinafter CPC) Section 9 which talks about 'Suit of Civil Nature' i.e. If any right is there which is of civil nature then as per Sec. 9 CPC it will go to civil court. i.e. Sec 9 says whenever there is a right of civil nature except constitutional rights if they are infringed or we don't getting the right which we should be given or if any person offended our right we generally go to civil courts by a proceeding called as Civil Suit.

But there are other methods also which provides for the resolution of disputes. By these methods or mechanism we don't approaches directly to the court but we follow an alternative mechanism or method for dissolving the dispute without going to court is known as Alternative Dispute Resolution.  
 

Full form of word ADR

A- Alternative or Alternate means we are not following the regular path that is we are following a alternate path.
D- Dispute means fight or basically a right claim by one person or denied by other person.
R- Resolution means to resolve or to do away with the problems.
Mechanism - means the procedure

SO it is a secondary aspect whereby we are resolving the dispute. For example- In case of a civil right or suit of  civil nature such as landlord tenant, Electricity Bills , Rent disputes , Recovery of Money etc for such    civil rights we go to civil court with a civil suit but by not opting that path we opt for a different or a Alternate path to resolve our dispute is known as ADR or Alternative Dispute Resolution.

Types of ADR

There are four popular methods of ADR which are as following:-

(1) Arbitrtion

The mechanism  of Arbitration involves the appointment of Arbitrator who acts like a judge as he has similar power and function as a judge under CPC do. Arbitrator is a private judge as he is appointed by the parties. Arbitration is alike to court proceedings. Also Arbitrator is acting like judge as he hears both the parties i.e. he accepts the pleadings, record the evidences and hears the arguments and then there after passes the judgment inform of Award.

(2) Conciliation

The mechanism of Conciliation involves the appointment of a Conciliator who is a third party to the dispute. i.e in Conciliation we requires presence of a third party. The third party or the Conciliator is sometimes a expert person having experience in the disputed issue so with his experience he tries to bring out certain proposals or ideas as to dissolve the issue. He tries to bring certain plans through which if parties agrees they can dissolve their conflicts or we say disputes.

In this ADR mechanism parties are free to opt any of plan or deny any plan given by the Conciliator. Also in Conciliation there is no adjudication as done by Arbitrator in Arbitration proceedings i.e. he would not record the evidences or hear the parties arguments rather he simply gives ideas to both the parties to solve their disputes.

If the proposal or idea accepted by both the parties in conciliation proceeding then it is enforceable and binding upon both the parties.The outcome of the conciliation is a settlement of agreement which is equal to Arbitrary Award which is indeed executable like a decree of court. Here we would see the active participation of conciliator in the sense that he would suggesting the ideas so that the parties are aware that what can be the consequence or the result of the litigation and accordingly they opt the approach which is beneficial to them.

(3) Mediation

Mediation is also a mechanism where a mediator provide for a Good office or a place wherein parties would come and sit together to communicate to reconcile their differences. In mediation proceedings are not in formal form. Here the person appointed as a third party is known as Mediator. Mediator can be any person,he may be a lawyer , sarpanch, any expert etc.

The outcome of mediation is like contract between the parties. It is generally not binding but if it is recorded in court of law then it is binding and enforceable. If parties don't follows the contract then they can go to court for specific performance for compensation for their damages.    

Here also parties are free to choose any person of his their own choice to be a Mediator.

(4) Lok Adalat

Lok Adalat provides that there would be a settlement between the parties by the intervention of a person who is a sitting judge or retire judge. This person is called as Member of Lok Adalat. The Lok Adalat are governed by LEGAL SERVICE AUTHORITY ACT, 1987. ADR is always perceived to solve the disputes so as to Lok Adalat is also part of it.

The member who is generally a judge would not giving a judgement but his knowledge and experience try to pacify the parties and would try to resolve their disputes. There would not be a fixed procedure as to what would be followed or what would be suggested. It is just that he would just try to bring out the main dispute between the parties to settle what is right for themself and would accordingly settles the disputes.  
 

 Disclaimer: We try to ensure that the information we post on We Aware You is accurate. However, despite our best efforts, some of the content may contain errors. You can trust us, but please conduct your own checks too.