TYPES OF ADR MECHANISMS by ANJU ESTHER BALAKRISHNAN at LEXCLIQ.

Alternative dispute resolution is is an informal negotiation process done with the aid of of a neutral third party.

TYPES OF ADR MECHANISMS

Mediation is a form of ADR that has been in existence for a while. It helps have the opportunity to determine the conditions of settlement reached and mediation takes into consideration multi party involvement in order to to provide concrete solutions to the dispute. A mediator chosen by the parties would be neutral and unbiased and would use the appropriate skills in order to initiate communication between the parties. It is considered to be less costly and expensive when compared to litigation and shows confidentiality as it is a private meeting unlike mitigation which is mostly open to the public. There would be participation of both the parties and decisions made would be made on the basis of the opinions of the party and hence is considered to be more flexible.

Arbitration is a settlement in which an arbitrator reviews the case at hand and makes decisions which are bond by the parties involved. It may be legally binding or non binding, however, incase it is not binding then the situation would be similar to mediation. As unlike mediation, where it is the decision of the parties as to whether or not they want to accept the judgement, in arbitration mostly the parties are bound to accept the judgement. Just like mediation it is faster, cheaper, confidential, less costly, and flexible as the jurisdiction is less limited.
However the demerits of arbitration is that there is no right to appeal which means the decisions cannot be overturned and the awards of arbitration are not directly enforced and hence there would be a need to seek judicial remedies in order to enforce the decisions taken place. This may lead to extra expenses.

Negotiation mainly concentrate on the application of communication in order to resolve disputes. Professional negotiators are involved and they utilise various tactics in order to prove their arguments and can be compared with the role of an advocate in the court of law.

CONCLUSION

ADR and litigation are basically conflict resolution mechanism that cannot exist alone but needs mutual dependence in different scenarios. ADR mechanism have developed and there impact on the the legal field your profession is increasing day by day. In order to achieve a faster, more simpler, and less costlier way to solve your disputes, if it can be solved without approaching the litigation form of system, then ADR would be the best method for dispute resolution.

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