- Research/Scholar Paper name – “Alternate Dispute Resolution: Another Pathway to Justice“
- Author: Shubham Bishnoi
- Co-Author: Yaminee
- Institution: University of Petroleum and Energy Studies
- Affiliation: Centre for Study of Dispute Resolution
- Date of Publication: 06/08/2022
In our current world, people are so busy with their work and daily life problems court proceeding is now another headache. It is a headache because traditional court proceedings are lengthy and time-consuming process and people need really quick and fast solutions for their disputes and ADR is the solution for their problems. ADR is quick, less time-consuming process, less expensive and really private and confidential. Where, the main objective is to resolve the dispute and dedicate the less time in finding faults of parties..
Alternate Dispute Resolution commonly known as ‘ADR’ is a mechanism which helps to resolve the case outside the court. The main purpose of this dispute resolution mechanism is to minimise the efforts, time spent on case also, compensatory damages (if any) and to maximise the satisfaction out of the results. ADR is just an alternative of the full course of court proceedings and lengthy trials. ADR is quick, easy, affordable (less expensive), less time consuming and gives more amount of satisfaction.
ADR helps corporates to hide their affairs to the outer world as it is more private than regular court proceedings. ADR is an excellent pathway to resolve their disputes and matters of corporates, it not only helps to secure the image of company/firm but also helps to compromise the matter and comes to a win-win situation where both corporates neither have any loss or undue benefit. Also, private hearing saves the image and reputation of parties in market and helps in saving their brand image and brand value.
ADR is just another pathway to justice and to resolve the dispute but with the different branches like, negotiation, mediation, conciliation, and arbitration. These four are types/branches of the dispute resolution mechanism and all of these have different formation, role, also have different limitations and different regulation mechanism. One is more rigid than other, one is more flexible than other, one’s judgement is binding in nature and other’s judgement is not binding in nature. Different forms of a single alternative process for seeking judgement.