Alternative Dispute Resolution
Unit 3. Arbitration, tribunal adjudication and ADR. Covers Adversarial and inquisitorial systems; ADR and its types; Arbitration and tribunals; Mediation, conciliation and Lok Adalats; Ombudsman, Lokpal and Lokayukta.
About this unit
Indian courts carry a heavy backlog of cases, and formal litigation is often slow, costly and adversarial. This unit compares the adversarial and inquisitorial models of trial and then studies methods of settling disputes outside regular courts: arbitration, tribunals, mediation, conciliation, negotiation and Lok Adalats. It ends with ombudsman institutions such as the Lokpal and Lokayuktas, which handle complaints against public officials.
Key ideas
- Adversarial systems make the judge a neutral umpire; inquisitorial systems make the judge an active investigator.
- ADR includes arbitration, mediation, conciliation, negotiation and Lok Adalats.
- The Arbitration and Conciliation Act, 1996 governs arbitration and conciliation in India.
- Tribunals under Articles 323A and 323B decide specialised disputes.
- Lok Adalats work under the Legal Services Authorities Act, 1987; their awards are final.
- The Lokpal and Lokayuktas Act, 2013 created anti-corruption ombudsman bodies.
How to prepare
Make a comparison chart (in your notebook) of arbitration, mediation, conciliation and Lok Adalats: who decides, whether the outcome is binding, and which law applies. Remember key years and Articles, and practise questions asking which method suits a given dispute.
Topics in this chapter
Adversarial and inquisitorial systems
Two models of trial.
5 questionsADR and its types
Introduction to alternative dispute resolution.
5 questionsArbitration and tribunals
Arbitration and administrative tribunals.
5 questionsMediation, conciliation and Lok Adalats
Settling disputes outside court.
5 questionsOmbudsman, Lokpal and Lokayukta
Bodies that hear complaints against public officials.
5 questions