ADR means Alternative Dispute Resolution which includes various methods of settling a dispute without getting into the intricacies of the court. It is a method where parties try to resolve their disputes privately in front of a third-person expert. The decision is binding on the parties like the decision of the court. It includes methods like arbitration, mediation, conciliation and negotiation. These work on the principles of justice, legal aid and speedy trial as given under Article 39A of the Indian Constitution. Even Section 89 of the Code of Civil Procedure, 1908 provides settling disputes by way of ADR.

The two most common forms of Alternative Dispute Resolution (ADR) are Arbitration and Mediation/Conciliation.

Arbitration:
A neutral independent party called an arbitrator listens the arguments and collects the evidence from both the sides, and then decides the issue in dispute, similar to the court ruling. Arbitration can either be non-binding or binding. The latter means the decision is final and enforceable, while the former implies that the arbitrator’s ruling is advisory and only set in stone if both parties agrees to it.

Mediation/Conciliation:
An independent third party steps in to try and find a way for the insured and the insurer to agree on a mutually acceptable outcome. The mediator is not called upon to decide who is right or who is wrong but rather to add structure to communication between the disputing parties, so that they can, hopefully, eventually reach a resolution between themselves.

The Arbitration and Conciliation Act, 1996 is the governing arbitration statute in India. It is based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.

Our firm is one of the best firm to provide a comprehensive range of consultancy services in ADR, some of which include application before the High Court for appointment of arbitrator, Petition before the court seeking Interim relief before or at the stage of arbitration proceedings, Petition under section 34 of Arbitration Act, 1999 seeking set aside of the award, Execution petition seeking realization of the arbitration award before civil court, Appear before arbitrators, and Enforcement of Awards etc.