Alternative dispute resolution o ADR is one of the methods of addressing disputes and has been growing at a rapid rate. It is not only cost-effective, but survey shows that a lot of people are finding it easier to resolve disputes through this method when compared to the trial process in the court. Generally, the method utilizes the process of dispute resolution mediation, negotiation, and arbitration to allow the parties in dispute to arrive at a consensus. Each process of ADR comes with its benefits. While some of them come through the court orders, some others do not require the presence of a lawyer. Apart from this, some of the ADR methods may come with bindings in which the parties cannot ignore the ruling whether they are agreeable or not.
The following are the solutions that the dispute resolution law firms recommend.
In this method, the disputes can be resolved through an arbitrator and an impartial method, and the individual is usually appointed by the parties in dispute to arrive at a better and binding decision. Even though the decision is binding, the process of arbitration is free from any restrictions, so the parties must agree to it fully. The process of arbitration is suitable under the following circumstances.
- Disputes that need an integrated structure that provides a lucid and a professional method for the parties in dispute.
- Disputes in which confidentiality is the key aspect.
- In those disputes that require knowledge of the technical aspects of law and may employ a specialist arbitrator for the best outcome.
When you engage the dispute resolution firms for the process of arbitration, there is no need for cross-examination or swearing the oaths. All that the arbitrator adopts is an intensive approach by asking the necessary questions to the parties. Several contracts contain the clause of arbitration to qualify for this method of dispute resolution
This is another method of dispute resolution that takes place through voluntary, organized, and through confidential discussion between the parties involved in the dispute. In this method, both parties can recommend their solutions and a settlement figure without any bias. You will come across several litigation law firms in Delhi using this method of ADR that involves lawyers for one or both the parties and a negotiation facilitator. The process of negotiation involves putting forth suggestions and making the necessary reductions to reach an agreement so that both the parties can put an end to the dispute happily. Different styles of negotiation can be followed depending on the intensity of the case and determines how readily the parties can reach an agreement related to the case.
This process takes place in the presence of an impartial and independent mediator supporting the parties in dispute to reach a solution quickly. Usually, the mediator must organize the meeting between the parties and ease the communication by supporting both of them to convey their goals, feelings, and desires. However, the mediator is not going to provide any solution to the parties. Moreover, the parties must participate in the mediation session at their own will and get the necessary help to create an agreement that is morally binding. No agreement in this method can be forced on the parties in dispute and they may not be compelled to follow any rule, but agree willingly to follow their own decision.
Online ADR method
This method of ADR in which the parties do not face each other is growing highly popular across various sectors. However, this method is subject to limitation as they must involve the ADR bodies that are approved by the national government. The EU Online Dispute is applicable in a few countries and popular due to their ease of resolving the complaints.
There are a few other methods as well that provide an alternative method of dispute resolution without the involvement of the lawyers in India such as med-arb and mini trial. In the former, the arbitrator starts as the mediator, but when the mediation fails, a binding decision is imposed to either parties. In the latter, each of the parties present their case and the representatives try to end the dispute and settle the case. A proper understanding of these methods is necessary before using them for settling the disputes.