Why do you prefer Alternative Dispute Resolution over judicial proceedings? So, before we delve into the techniques of Alternative Dispute Resolution, let’s see the reason behind the preferring Alternative Dispute Resolution. Alternative Dispute Resolution allows the parties to collaborate and allow them to understand each other so that the doctrine of harmonious construction can be applied. Alternative Dispute Resolution also allows the parties to come up with the solutions and those solutions are allowed to be imposed. If the parties approached the court, the Court may not legally allow the parties to impose the solution.
Arbitration is one of the important techniques of Alternative Dispute Resolution. It is the process of settlement of disputes where a person or persons or institution helps in its settlement. It doesn’t engage in litigation.
Mediator is engaged in this process to resolve disputes between the parties. It is an amicable settlement of disputes between the parties.
Conciliation is an informal process where a neutral third party is engaged to resolve the dispute between the parties.
In Negotiation the parties themselves resolve the disputes among them by negotiating to the point where both the parties agree and then they form an agreement.
The word ‘Lok Adalat’ itself depicts the meaning of People’s Court. It is a forum where voluntary efforts are made to resolve the dispute between the parties.
In this article, we read why you’ll prefer Alternative Dispute Resolution over judicial proceedings and the techniques of Alternative Dispute Resolution. Now, we will know which process is binding on the parties.
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