Alternate Dispute Resolution (ADR)

Alternate Dispute Resolution (ADR) encompasses methods of resolving disputes without taking recourse to litigation i.e. courts. Arbitration, mediation, conciliation and negotiation are the most popular methods of ADR. The ADR methods are primarily used for civil or commercial disputes. The aim is to enable parties in finding amicable solutions to conflicts outside the court. However, each of these methods is governed by separate laws and rules. The Civil procedure Code, 1908, provides ADR methods for possible settlement and to refer such disputes for Arbitration, Conciliation, Mediation or Lok Adalat.

While, Arbitration is governed by the -

  • Arbitration and Conciliation Act, 1996, which is based on the UNCITRAL mode,
  • The Arbitration and Conciliation (Amendment) Act, 2015 and
  • The Arbitration and Conciliation (Amendment) Act, 2019

The method of conciliation is also governed by the Arbitration and Conciliation Act, 1996 and under the Micro, Small and Medium Enterprises Development (MSME) Act, 2006. And mediation is governed by the Civil Procedure Code, 1908, the Mediation Rules, 2003, and the Commercial Courts Act, 2015. There is also a Mediation Bill 2021 in the pipeline for promoting mediation, particularly institutional mediation and provides a mechanism for enforcing settlement through mediation.

LawWiser brings vidoes that succinctly explain the concepts of ADR from the top legal experts. We highlight and bring anecdotes on landmark cases and disputes for easy understanding of complex issues that impact businesses and enhances legal knowledge. Find the latest legal videos on Alternate Dispute Resolution (ADR), simplifying legal knowledge for various legal updates and topics around ADR.

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dispute resolution and msme

The Micro Small and Medium Enterprises Act, 2006 (MSMED Act) has been enacted for the growth and regulations of micro, small and medium enterprises (MSME) in India. It aims to facilitate the promotion, development and enhance the competitiveness of MSMEs.   The act also provides for

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The ADR Game-Changers - Arbitration & Mediation

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LawWiser & Phoenix Legal | Foreign Seat of Arbitration | #InAMinute

There has been a lot of debate on the issue of whether Indian parties can elect a foreign seat of arbitration. Recently the Supreme Court of India answered in affirmative on this issue. In the first LawWiser #Inaminute video powered by Phoenix Legal watch Vasanth

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Know Your Law - Quick Explainer On Initiating Arbitration Proceedings

Arbitration has been emerging and much needed alternative needed in India. Now we are seeing the new normal during the lockdown and we are adapting the digital means to run our court system. It is the time we adopt Online Dispute Resolution Mechanism more than

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Need for mediation in 3 minutes with Tara Ollapally

Quick take from Tara Olappally, Co-Founder and Mediator, CAMP Arbitration and Mediation Practice Pvt. Ltd. on the recent signing of the Singapore Convention on Mediation and the need for focus on Mediation as a sustainable solution for alternative dispute resolution. To get featured in more

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