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The blog provides insights into Arbitration, mediaiton and conciliation. Apart from ADR, the readers may also read the content relating to Onilne Dispute Resolution (ODR). It shall also enlist the case studies of dispute resolution through mediation. People can also write as guest and share their experience.

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Popular Posts

ADR: The legal necessity for Post Covid India

Name – Garvit Bhardwaj College - Faculty of Law, University of Delhi "Discourage litigation, persuade your neighbors to compromise whenever you can. Point Out to them how the normal winner is often a loser in fees, expenses, cost and time"- These words of Abraham Lincon have passed the test of time as to how reduced litigation can be beneficial for society. But a highly commercialized and developing society like ours is bound to face disputes which shift the emphasis from avoiding litigation to providing faster means to resolve unavoidable conflicts. The unprecedented COVID-19 crisis is likely to lead to an upsurge in the number of cases before the judiciary. For instance, consumer, tenancy, and labor disputes are likely to see a rise soon and our judicial system stands incapable of handling them effectively. The Indian Judicial system, even after 75 years of independence, is still facing crippling backlogs and delays. Approximately 73,000 cases are pending before the Supreme

Scope & Importance of ADR

The mechanism of ADR System and its techniques are an extra-judicial remedy to resolve disputes outside the legal fora. These techniques can be used in all those cases, which are capable of being resolved, under law, by mutual agreement between the parties. The scope of ADR is wider and can cover cases of civil nature, commercial, industrial and family disputes or any other cases of urgent nature. The ADR works across the full range of business disputes: banking; contract performance and interpretations, construction contracts, intellectual property rights, insurance coverage, conflicts in joint ventures, partnership differences, personal injury; product liability; professional liability, real estate, and securities. The mechanism of the ADR system may offer the best solution in commercial disputes of an international character. The scope of an ADR System is not intended to supplant existing means of dispute resolution. It offers only alternative options to litigation. There is a large

Court Litigation & ADR : Comparative Analysis

  Which mechanism should be adopted by you? The litigation process is not a speedy way to resolve disputes since it has the potential to drag on for months, even years. ADR, on the other hand, was formulated with the view of relieving the courts of their burden of numerous cases. But ADR has become very popular now, and every contract has an arbitration clause in it so that parties do not have to go through tenuous litigation processes. Let us see their comparison: · Cost Factor:- In most cases, the costs and expenses of arbitration are not as much of as litigation. The costs for the arbitration process are restricted to the fee of the arbitrator based on the quantum of the claim, expertise of the arbitrator, expenses, and lawyer fees. The lack of pre-hearing motions and multiple testimonies, as well as the conclusiveness of the decision, results in reducing attorneys' fees and costs. Costs for litigation take account of lawyer fees and court costs, which can be very high for the