Types of ADR

Jay Shree Ram! All law aspirants, students and professional, welcome to my blog on ADR. The objective of this blog is to discuss about the various types of ADR mechanisms practiced in Bharat at present. 

Types of ADR

1. Arbitration

Arbitration is a term derived from the nomenclature of Roman law. Arbitration is a private arrangement of taking disputes to a less adversarial, less formal and more flexible forum and abiding by judgment of a selected person instead of carrying it to the established courts of justice. [1]

2. Mediation

Mediation is a method of ADR in which parties appoint a neutral third party who facilitates the mediation process in-order to assist the parties in achieving an acceptable, voluntary agreement. Mediation is premised on the voluntary will of the parties and is a flexible and informal technique of dispute resolution. [1]

3. Conciliation

Conciliation is a process similar to mediation as parties out of their own free will appoint a neutral third party to resolve their disputes. [1]

4. Negotiation

5. Administrative Tribunals:

The 42nd Amendment Act, 1976 added Articles 323-A and 323-B to the Constitution of India. These articles empower the Parliament to set up tribunals for adjudication of specialised disputes. Further, the enactment of Administrative Tribunals Act, 1985 took the constitutional objective further and set-up the Central Administrative Tribunal (CAT) and State Administrative Tribunals. [1]

6. Lok Adalat:

The concept of Lok Adalat (People’s Court) is an innovative Indian contribution to the global legal jurisprudence. The institution of Lok Adalat in India, as the very name suggests, means, People's Court."Lok" stands for "people" and the term "Adalat" means court. India has a long tradition and history of such methods being practiced in the society at grass roots level. [1]

7. Ombudsman

An indigenous Swedish, Danish and Norwegian term, Ombudsman is etymologically rooted in the word umboosmaor, essentially meaning ‘representative’. Whether appointed by a legislature, the executive, or an organization, the typical duties of an ombudsman are to investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation. The Government of India has designated several ombudsmen (sometimes called Chief Vigilance Officer (CVO)) for the redress of grievances and complaints from individuals in the banking, insurance and other sectors being serviced by both private and public bodies and corporations. [1]

8. Lokpal

A Lokpal (caretaker of people) is an ombudsman in India and is governed by The Lokpal and Lokayukta Act, 2013. [1]

9. Lokayukta 

The Lokayukta (appointed by the people) is a similar anti-corruption ombudsman organization in the Indian states and is governed by The Lokpal and Lokayukta Act, 2013.

10. Facilitation

Reference:

1) CBSE Class XII Legal Studies