Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) in Indian Polity #

To prepare for INDIAN POLITY for any competitive exam, aspirants have to know about Alternative Dispute Resolution (ADR). It gives an idea of all the important topics for the IAS Exam and the polity syllabus (GS-II.). This is an essential portion of the polity. As IAS aspirants, you should be thorough with the ADR. In this article, you can read all about the ADR for the Polity and Governance segments of the UPSC syllabus.

Alternative Dispute Resolution (ADR) mechanisms encompass various methods enabling parties to settle disputes outside of court in a private setting, with the help of a chosen, qualified neutral intermediary.

International Centre for Alternative Dispute Resolution (ICADR) Ordinance 2019 and the Role of ICADR #

• The New Delhi International Arbitration Centre Ordinance, 2019, was issued on March 2, 2019, aiming to establish an autonomous and independent institution to enhance arbitration management in India. Earlier, a similar Bill was passed by the Lok Sabha on January 4, 2019.
  • However, with the dissolution of the 16th Lok Sabha, the Bill will no longer be valid.

Key features of the Ordinance include:

• Establishment: NDIAC Ordinance seeks to provide for the establishment of the NDIAC to conduct arbitration, mediation, and conciliation (AMC) proceedings.
  • It envisaged the NDIAC as an institution of national importance.
• International Centre for Alternative Dispute Resolution (ICADR): The Ordinance seeks to transfer the existing ICADR to the central government.
• Objectives and Functions
  • Promoting Research and Training: Organizing seminars and conferences on alternative dispute resolution.
  • Facilitating Proceedings: Providing facilities and administrative support for arbitration, mediation, and conciliation.
  • Panel Maintenance: Maintaining a roster of accredited arbitrators, mediators, and conciliators.

Alternative Dispute Resolution Tools: Arbitration, Mediation, Conciliation, and More #

• Arbitration: Process in which a neutral third party or parties render a decision based on the merits of the case.
  • Arbitrator renders a binding award on parties.
• Mediation: Seeks to assist the disputing parties in reaching a mutually agreeable solution.
  • It is overseen by a non-partisan third party (Mediator).
• Conciliation: Process by which resolution of disputes is achieved by compromise or voluntary agreement.
  • Unlike arbitration, the conciliator does not issue a binding award.
  • The parties are free to accept or reject the award rendered.
• National Legal Service authority (NALSA): Statutory body constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalat for amicable settlement of disputes.
• Gram Nyayalaya: Mobile village courts established under Gram Nyayalayas Act, 2008 for speedy and easy access to the justice system in the rural areas of India.
  • State Governments are responsible for establishing Gram Nyayalayas in consultation with their respective High Courts..