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DISPUTE REDRESSAL MECHANISMS AND INSTITUTIONS
Contents
1. Introduction
2. Alternative Dispute Redressal Mechanisms
2.1. Rationale for alternative dispute resolution
♤ Harmonious resolution of disputes and
2.2. Various Types of ADR mechanisms
2.2.1. Mediation
2.2.2. Arbitration
2.2.3. Conciliation
2.2.4. Negotiation
2.3. Shortcomings of ADR Mechanisms
2.4. Some informal Dispute Redressal Mechanisms
2.4.1. Lok Adalats
2.4.2. Nyaya Panchayats
2.4.3. Gram Nyayalayas
2.4.4. Family courts
3. Comparison between Judicial Process and various ADR process
5. Recent Developments
5.1. Online Dispute Redressal
5.1.1. Benefits of ODR
5.1.2. Concerns related to ODR
5.1.3. Measures that can be taken to establish ODR as effective Dispute Redressal Mechanism
5.2. New Delhi International Arbitration Centre (NDIAC) Act
6. UPSC Previous Years Mains Questions
7. UPSC Previous Years Prelims Question
8. Mains Test Series Questions
1. Highlight the issues facing arbitration as an effective alternative dispute resolution mechanism in India. How does Arbitration and Conciliation (Amendment) Act, 2019 strengthen the arbitration set up in India?
Answer:
2. Settlement of cases by mutual compromise is much better than seeking adjudication in the adversary system. With reference to this statement discuss various ADR mechanisms available in India.
Answer:
Arbitration:
Negotiation:
Mediation:
Conciliation:
3. Examine the need of ADR mechanisms in India and comment on their efficacy in dispute redressal.
Answer:
4. What do you understand by alternate dispute redressal mechanism? Discuss the various tools of ADR. In light of the problems faced by the Indian judiciary enumerate the advantages of Lok Adalats.
Answer:
Advantages of the Lok Adalats:
5. What are the various modes of Alternate Dispute Redressal (ADR) mechanisms available in India? Identifying the problems being faced by them, provide suggestions needed to increase their effectiveness.
Answer:
Benefits of ADR
Issues associated with ADR
Suggestions to increase their effectiveness are:
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