What is an Alternative Dispute Resolution? #BizWiser

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Alternative dispute resolution (ADR) refers to a range of dispute settlement methods which help the parties in the dispute to come to a settlement without going to court, or without litigating on the said matter. These methods usually involve a third party, who helps them in settling the disputes.

1. Arbitration in India is governed by the Arbitration and Conciliation Act, of 1996. To resolve disputes, either a single arbitrator or a panel of arbitrators may be appointed. They serve as a neutral party. Their decision is known as an "arbitral award," which is regarded as final and enforceable by law.

2. In mediation, a third neutral party (mediator) must correctly communicate with both sides and utilise suitable negotiation skills in order to make one party completely aware of the other party's position, through empathy and discourse. The mediator is not permitted to render a decision on the disagreement. The solution is reached through mutual agreement, and the agreements are often non-binding. If the parties are dissatisfied with the mediation process, they can even file a lawsuit.

3. In negotiation, there is no third party to adjudicate the problem, therefore, the parties work together to find a mutually acceptable solution or a compromise. Attorneys can represent parties. It is not statutorily recognised.

4. In conciliation, a third party, known as the conciliator, talks to each of the parties separately in order to facilitate talks between the parties and reach a mutually acceptable settlement.
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Host: Cherry Mishra
Edited by: Harish
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