Presented by Shweta Bhagwan Chavan Roll No. 42 Guide - Prof (MRS.) Sarika Karanjule

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ALTERNATIVE DISPUTE

RESOLUTION METHODS

PRESENTED BY
SHWETA BHAGWAN CHAVAN
ROLL NO. 42 1

GUIDE – PROF (MRS.) SARIKA KARANJULE


ALTERNATIVE DISPUTE
RESOLUTION (ADR)
METHODS
CIVIL DISPUTES OCCUR WHEN A PERSON’S RIGHTS HAVE BEEN
INFRINGED OR AN INDIVIDUAL HAS BEEN INJURED AS A RESULT
OF ANOTHER PERSON’S ACTION OR INACTION

ADR INVOLVES SETTLING A CIVIL LEGAL DISPUTE BY A


METHOD OTHER THAN A DECISION BEFORE GOING TO
COURT.

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FIVE TYPES OF ADR

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Negotiation

Negotiation is usually carried


out without legal
representatives, but each
party can take their own
legal representation to assist.

Negotiation involves two parties discussing and


compromising to obtain an agreed solution
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Mediation

Mediation involves an impartial third party who


listens and directs discussion but does not suggest
outcomes.
Mediation is voluntary.
Atmosphere is
Informal. All parties have
their say.
Mediation is not binding
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Disputes unsuitable for mediation
Disputes where there is no continuing
relationship between the parties.

Circumstances where both parties are not willing


to attend mediation.

Where there are overwhelming emotions involved.

Where there is a history of broken


Promises. 7
Conciliation :
Conciliation involves a third party, who may make
suggestions to
the parties.

The decisions are binding

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Arbitration :-
Arbitration involves an independent third party who
actually
makes suggestions and actually imposes a decision
on the parties.
Arbitration is binding
The magistrates’
court refers all civil
disputes involving
claims less than
10,000 to arbitration
Arbitration is binding
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Collaborative law

Collaborative Divorce and Alternative Dispute


Resolution as a Practical
Solution. Forms of ADR include negotiation,
mediation, settlement conferences, and collaborative
divorce (also known as collaborative law).

Arbitration also is a
form of ADR although it
has some similarities to
litigation 10
Cost ratio of ADR

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Advantages of ADR

 Less formal than courts.

 Held at more suitable venues.

 Often takes less time than court.

 Generally cheaper than


Litigation.

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Disadvantages of ADR

 Not suitable for all disputes

 Decisions are not legally binding

 Dispute may still end up in Court

 Need both parties to voluntarily participate

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THANK YOU

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