Abhilipsa Kar, Sugyanee Kuanr & Yashoswini Mishra, B.B.A.LL.B (Hons), Birla School of Law, Birla Global University, Bhubaneswar, Odisha, India
ABSTRACT
ADR is a dispute settlement mechanism which resolves all types of disputes such as civil, commercial, family and divorce, industrial, housing, and etc. ADR in its process takes help of a neutral third party (ex: arbitrator, mediator) who helps both individuals and groups to communicate with each other and resolves their dispute in an efficient manner and maintain social order which ultimately helps them to minimizes hostility. Arbitration is one of the most used methods all over the world for dispute settlement includes under ADR. Arbitration is used in the dispute settlement mechanism when the conflicting parties mutually agree to accept the decision of the neutral third person and the neutral third person is known as the Arbitrator who carefully listen arguments from both parties, considers all evidence then decides the matter which will help both the parties to resolve their conflict. Mediation, as an informal mechanism to resolve disputes, has been prevalent for many years. However, there is no legal sanctity is granted to settlements arrived at through mediation. Both mediation and arbitration are reasonable, cost friendly and effectual alternatives to litigation.
Keywords: ADR, Arbitration, Mediation, Litigation
