Practices - Alternative Dispute Resolution

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lternative dispute resolution may be in form of Arbitration, Conciliation, Mediation or forced negotiation on administrative pressure.

Now days, because of high cost involvements and time requirements for resolving matters by way of litigation in Courts, Alternative Dispute Resolution (ADR) has gained in popularity as it offers a variety of ways to resolve disputes without resorting to traditional litigation.

These include negotiation, early neutral evaluation, mediation and mini-trials. ADR is quick, cheap and effective allowing the parties to talk to each other directly to settle their differences with the neutral assistance of a professional facilitator. Furthermore, experience shows that the rate of compliance is likely to be higher when parties reach their own agreement.

At Doulah & Doulah, we take an imaginative and constructive approach, which involves consideration of all forms of dispute resolution. We can help with the prevention of disputes or dispute resolution like Arbitration, Conciliation, Negotiation mediation etc.

In 2003  government introduces Alternative Dispute Resolution (ADR) in the judicial system. The Parliament passed The Civil Procedure (Amendment) Act 2003 in March 2003. it quicken disposal of cases through mediation if contesting parties agrees to it. If the parties to a law suit, at any stage of proceeding, apply to the court for withdrawal of the suit on grounds that they will refer the dispute or disputes in the suit to arbitration for settlement, the court shall allow the application and permit the suit to be withdrawn. And the dispute or disputes thereafter shall be settled in according with Arbitration Act, 2001. If, for any reason the arbitration proceedings referred to the above do not take place or an arbitral award is not given, the parties shall be entitled to reinstitute the suit. The arbitration system started functioning from 31 May, 2003