ADR Viva Questions 1

Adr viva
Alternative Dispute Resolution - Viva (Questions & Answers)
1. ADR?
Alternative Dispute Resolution
2. It is also called as ?
External Dispute Resolution
3. The country which campaigned about ADR
USA
4. What is ICADR
International Centre for Alternative Dispute Resolution, Delhi
5. Area where ADR Work
Consumer Protection, Family matters , business, Private International law, Motor claims
MACT(Motor Accident Claims Tribunal)
6. Define ADR
A Technique of dispute resolution through the intervention of a third party whose decision is not
binding legally on the parties." Aims at providing a remedy most sited to both the parties.
7. Statutory Recognition of ADR
• CPC Order - 32A, Rule-3 of CPC, 1908. Section-89 were incorporated by amendment to
CPC in 1999.
• Industrial Dispute Act, 1947 Section-12 provides for conciliation.
• Hindu Marriage Act, 1955 Section-23, provides for reconciliation
• Family Courts Act, 1984 Provides for matrimonial disputes through councelling (
Conciliatior)
• Arbitration and Conciliation Act, 1996 Provides for adopting UNCITRAL
• Conciliation is also under in MACT Cases
9. Constitutional Background of ADR

Free legal aid to indigent persons is provided by state Article-39-A. Right to life guaranteed
under Article-21 There constitutional Rescue operation began Justice V.R.Krishna Iyer and
Justice Bhagawathi 's report
suggested for CILAS- Committee for Implementation of Legal Aid Services.
10. Modes of ADR
• Arbitration
• Conciliation
• Mediation
• Negotiation
• Judicial Settlement through Lok Adalat
• Pre-litigation process
• Fast Track Arbitration or time bound
• For National and International Arbitration for commercial dispute. The Arbitration
concludes within a short period. (probably one or two days)
• Lok Adalat Legal Service Authority Act,1987
• ODR - Online Dispute Resolution.
• Virtual Courts Viable in the area of e-commerce Where the accused person are
prevented in the court from the police station through a video link.
11. Define Arbitration
Settlement of difference or disputes by mutual understanding or agreement by parties where the

rights and liabilities of the parties are adjudicated which are binding on them, such settlement
made before the arbitral tribunal but not by court of Law.
12. Differences between Arbitration and Litigation
In Arbitration disputes relating to matter where high technicality or expertise is concerned expert
in that area can be appointed where judges are people technically.
In court adjudication, contractual rights of parties are determined where are in Arbitration the
arbitrator can modify the contractual rights of the parties at his direction with the consent of the
parties.
13. Matter which can not be referred to Arbitration.
Insolvency Proceedings Probate Proceedings Matrimonial cases except settlement of term of

separation or divorce Industrial dispute Proceeding for appointment of a guardian
14. Appointment of Arbitrator
Section-11
15. No. of Arbitrators
Section - 10
16. Challenge and Removal
Section – 12 to 15
17. Place of Arbitration (Venue)
Section-20 (comfertable to the parties)
18. Commencement of arbitral Proceedings
Section - 21
19. Settlement through Negotiation, Mediation, Conciliation while pending Arbitration.
Section-30
20. Form and contents of Arbitral Award
Section - 31
21. Termination of Arbitral Proceedings
Section -32
22. Application for setting aside the award.
Section -34
23. Whether appeal lies from the arbitration ?
Yes, in two can according the Section – 37 Lack of Jurisdiction. When a dispute in beyond the
scope of its authority
24. What is conciliation
A method used by parties to a dispute to reach an amicable settlement -- with the assistance of
an independent third person or institution.
25. Statutory recognition of Conciliation

• Industrial Disputes Act, 1947
• Hindu Marriage Act, 1955
• Family Courts Act, 1984.
• CPC,1908 amended in 1976,1999,2002
• Legal Service Authorities Act, 1987
• Arbitration and Conciliation Act, 1996
• MACT Claims
26. Famous case in the area of ADR
“Salem Bar Association "case, where the ADR rules under CPC can be applied to supplement
the cover under Family courts Act, as far as conciliation or mediation in concerned.
27. The Court Annexed Procedure of ADR was incorporated in CPC for the first time in
India In
1999, 2002
28. Which section was reinserted to CPC in 1999 and 2002?
Section 89 provided or authorise the court to try the process of ADR.
29. Salem Bar Association, Tamilnaadu Vs Union of India(2005), Significance.
The Supreme Court asked the High Court to approve rules made by Justice Jaganatha Rao
Committee and implement ADR measures under the Section - 89 CPC.
30. First Lok Adalat was organised in which year
In 1982, Gujaraat, in AP 1985 in Vizag
31. Cognizance of cases by Lok Adaalat
Section- 20
32. Can Criminal cases be dealt by ADR
Yes, through Lok Adalats, only compoundable criminal offences, Section - 320 (1) Cr.P.C.
33. Advantage of Lok Adalat
Court Fee is returned

34. Whether award passed by Lok Adalat immuned from Article - 227
No, means can appeal lies in case of fraud, misappropriation or mistake of fact.
35. Permanent Lokadalats
By Amendment Act, 2002, Section-22A to 22E of Legal Service Authority Act, 1987 in Public
Utility Services.
36. Conciliation not bound by
CPC, Evidence Act,(under Section-66)
37. Conciliation proceedings should follow
Principles of Natural Justice
38. Principles of confidentiality
Section - 75 of 1996 Act.
39. Negotiation defined by Pepperdine University of USA
“A Communication process used to put deal together or resolve conflicts. It is voluntary,

nonbinding process in which the parties have control over the outcome as well as procedures by
which they make an agreement. It allows for wide range of possible solutions, maximising the
possibility of joint gains.
40. Negotiation Nature?
A bilateral mode of proceedings.
41. Negotiation Styles
Cooperative, competitive style
42. Negotiation is a non-binding communication
Ex. Shimla Agreement and Lahore Declaration
43. BATNA in Negotiation means
Best Alternative to Negotiated Arrangement

44. WATNA in Negotiation
Worst Alternative to Negotiated Arrangement.
45. Negotiation under Statutory Recognition
• Hindu Marriage Act,1955 (section-23)

• Special Marriage Act, 1954 (Section-34)
• Code of Civil Procedure ,1908( order- XXXIIA,Rule-3)
• Family Courts Act, 1984 (preamble)
• The Legal Services Authority Act, 1987 (section-19)
• The Arbitration & Conciliation Act, 1996
46. Define Mediation
It is an informal process in which a trained mediator assists the parties to jointly explore and
reconciliation their differences and reach a negotiated settlement.
47. Mediation Rules
Civil Mediation Rules, 2003
48. Panel of Mediator
Parties can agree in appointing a mediator on their own or High Court prepares a panel of
Mediators, keep it on the notice board and a copy is sent to the Bar Association.
District and Senior Judge make a list , after approval from the High Court put them on notice
board, publish copy to District Bar Association. Take the consent of the people enlisted.
49. Role of Mediator
Mediator Facilitates voluntary resolution of the dispute by parties, and communicate the view of
each party to the other, assist them in identifying issues, reduce misunderstandings, clarifying
priorities. exploring reducing areas of compromise and generates options in an attempt to solve
the dispute. He shall not impose any terms of settlement on the parties.
50. Time limit for Mediation
Usually 60 days from date of first appearance till the proceedings end or terminate. If needed
further 30 days in necessary cases.
51. Settlement Agreement

Mediation Settlement Agreement
52. Two models of Mediation
Interest based, The rights based Mediation
53. Mediator in
A catalyst and induces the parties

54. Styles of Mediation or approaches
Facilitative approach or Eraluative approach
55. Practical application of Mediation
• In commercial Litigation
• In Medical Malpractice
• Mediation in Bankruptcy.
What is arbitration, conciliation, and mediation

When ADR Act is passed / Arbitration and reconciliaiton act 1999
Advantages Disadvantages of ADR / Fast resolution, Court fee return
What is arbitration award/ It is an decree prepared by the official arbitrator after lestened to the
parties
What is lokadalat / Lok Adalat is one of the alternative dispute redressal mechanisms, it is a
forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/
compromised amicably.
What is plea Bargaining/ an arrangement between prosecutor and defendant whereby the
defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an
agreement to drop other charges.
is sec 89 of CPC how it is related to ADR
What is JDR (JUDICIAL DISPUTE RESOLUTION)/ Similar to mediation , in place of mediator a
judge will sit in the place of mediator for resolving the issue
Kinds of ADR
Advantages of ADR
1.speedy disposal
2. Inexpensive
3. Informal
Difference between arbitration and conciliation,arbitration and mediation

ADR Viva Questions 1

Uploaded by

Copyright:

Available Formats

ADR Viva Questions 1

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

ADR Viva Questions 1

Uploaded by

Copyright:

Available Formats

Adr viva

Alternative Dispute Resolution - Viva (Questions & Answers)

Alternative Dispute Resolution

External Dispute Resolution

3. The country which campaigned about ADR

International Centre for Alternative Dispute Resolution, Delhi

5. Area where ADR Work

7. Statutory Recognition of ADR

9. Constitutional Background of ADR

suggested for CILAS- Committee for Implementation of Legal Aid Services.

10. Modes of ADR

11. Define Arbitration

Settlement of difference or disputes by mutual understanding or agreement by parties where the

12. Differences between Arbitration and Litigation

13. Matter which can not be referred to Arbitration.

Insolvency Proceedings Probate Proceedings Matrimonial cases except settlement of term of

14. Appointment of Arbitrator

16. Challenge and Removal

17. Place of Arbitration (Venue)

Section-20 (comfertable to the parties)

18. Commencement of arbitral Proceedings

19. Settlement through Negotiation, Mediation, Conciliation while pending Arbitration.

20. Form and contents of Arbitral Award

21. Termination of Arbitral Proceedings

22. Application for setting aside the award.

23. Whether appeal lies from the arbitration ?

24. What is conciliation

25. Statutory recognition of Conciliation

26. Famous case in the area of ADR

28. Which section was reinserted to CPC in 1999 and 2002?

Section 89 provided or authorise the court to try the process of ADR.

29. Salem Bar Association, Tamilnaadu Vs Union of India(2005), Significance.

30. First Lok Adalat was organised in which year

In 1982, Gujaraat, in AP 1985 in Vizag

31. Cognizance of cases by Lok Adaalat

32. Can Criminal cases be dealt by ADR

33. Advantage of Lok Adalat

Court Fee is returned

35. Permanent Lokadalats

36. Conciliation not bound by

CPC, Evidence Act,(under Section-66)

37. Conciliation proceedings should follow

Principles of Natural Justice

38. Principles of confidentiality

Section - 75 of 1996 Act.

39. Negotiation defined by Pepperdine University of USA

“A Communication process used to put deal together or resolve conflicts. It is voluntary,

40. Negotiation Nature?

A bilateral mode of proceedings.

41. Negotiation Styles

Cooperative, competitive style

42. Negotiation is a non-binding communication

Ex. Shimla Agreement and Lahore Declaration

43. BATNA in Negotiation means

Best Alternative to Negotiated Arrangement

Worst Alternative to Negotiated Arrangement.

45. Negotiation under Statutory Recognition

• Hindu Marriage Act,1955 (section-23)

• The Arbitration & Conciliation Act, 1996