Prelims Perspective: What needs to be learned?

  • What is it?
  • Nature
  • Constitutional and Legal Provisions
  • Pros and Cons

What needs to be known?

  • Alternate Dispute Redressal (ADR)
    • What is it?: ADR is a mechanism to settle disputes outside courts, promoting faster and amicable resolutions.
    • Nature: Arbitration awards are binding like court decrees.
    • Constitutional Provisions
      • Article 39 A: Ensuring equal justice and free legal aid.
    • Legal Provision: Governed under the Arbitration and Conciliation Act, 1996
    • Models
      • Arbitration: Neutral third party makes a binding decision, commonly in commercial disputes, offering a formal yet flexible alternative. 
      • Mediation: Impartial mediator helps parties reach a non-binding, cooperative solution, preserving relationships. 
      • Conciliation: Like mediation but with more intervention, suggesting solutions for family, business, and employment disputes. 
      • Negotiation: Informal, consensual process where parties directly agree, giving maximum control over the outcome. 
      • Lok Adalat: People’s Courts in India for extrajudicial, amicable resolution of family, labor, and minor civil cases.
    • Pros
      • Reduce Judicial Backlogs
      • Faster, cheaper than litigation
      • Preserves goodwill, less adversarial
      • Domain specialists involved
    • Cons
      • Limited enforcement
      • Potential bias in decision-making and corruption.
      • Resistance of parties

Source: The Hindu