ALTERNATE DISPUTE REDRESSAL MECHANISM

ALTERNATE DISPUTE REDRESSAL MECHANISM

To prepare for INDIAN POLITY for any competitive exam, aspirants have to know about Alternative Dispute Resolution (ADR). It gives an idea of all the important topics for the IAS Exam and the polity syllabus (GS-II.). This is an essential portion of the polity.  As IAS aspirants, you should be thorough with the Alternative Dispute Resolution (ADR). In this article, you can read all about the Alternative Dispute Resolution (ADR)  for the Polity and Governance segments of the UPSC syllabus.

Alternative Dispute Resolution (ADR) mechanisms include several procedures that allow parties to resolve their disputes out of court in a private forum, with the assistance of a qualified neutral intermediary of their choice.

 

CONTEXT

The New Delhi International Arbitration Centre (NDIAC) ordinance, 2019 was promulgated.

  • NDIAC Ordinance seeks to provide for the establishment of the NDIAC to conduct arbitration, mediation, and conciliation (AMC) proceedings. It envisaged the NDIAC as an institution of national importance.
  • International Centre for Alternative Dispute Resolution (ICADR): The Ordinance seeks to transfer the existing ICADR to the central government.

 

TOOLS OF ALTERNATIVE DISPUTE REDRESSAL
  • Arbitration – Process in which a neutral third party or parties render a decision based on the merits of the case. Arbitrator renders a binding award on parties.
  • Mediation – Aims to facilitate the development of a consensual solution by the disputing parties. It is overseen by a non-partisan third party (Mediator).
  • Conciliation – Process by which resolution of disputes is achieved by compromise or voluntary agreement. In contrast to arbitration, the conciliator does not render a binding award. The parties are free to accept or reject the award rendered.
  • National Legal Service authority (NALSA) – Statutory body constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalat for amicable settlement of disputes.
  • Gram Nyayalaya – Mobile village courts established under Gram Nyayalayas Act, 2008 for speedy and easy access to justice system in the rural areas of India. It is for the State Governments to establish Gram Nyayalayas in consultation with the respective High Courts.

 

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