Government to Establish Mediation Council of India

Types of alternative dispute resolution in india :

1. In India, various types of Alternative Dispute Resolution (ADR) mechanisms are employed to resolve disputes outside of traditional court litigation. Some of the prominent types of ADR in India include:
2. Arbitration: Arbitration involves the resolution of disputes by one or more arbitrators appointed by the parties. The decision of the arbitrator(s), known as the arbitral award, is binding on the parties. Arbitration in India is governed by the Arbitration and Conciliation Act, 1996.
3. Mediation: Mediation is a voluntary and confidential process in which a neutral third party, the mediator, assists the disputing parties in reaching a mutually acceptable resolution. The mediator facilitates communication and negotiation between the parties but does not impose a decision.
4. Conciliation: Conciliation is similar to mediation but involves a more active role by the conciliator, who may suggest solutions and make recommendations for resolving the dispute. Like mediation, conciliation is also a voluntary process.
5. Negotiation: Negotiation is a direct discussion between the parties involved in the dispute, often facilitated by their legal representatives or advisors. The parties attempt to reach a mutually satisfactory settlement without the involvement of a neutral third party.
6. Lok Adalat: Lok Adalat, or People's Court, is an informal dispute resolution mechanism in which retired judges, social activists, or legal professionals act as conciliators to settle disputes outside the formal court system. Lok Adalats emphasize conciliation and compromise.
7. Online Dispute Resolution (ODR): ODR involves the use of technology, such as online platforms and video conferencing, to facilitate the resolution of disputes. ODR mechanisms aim to make dispute resolution more accessible, efficient, and cost-effective.
8. Fast Track Arbitration: Fast track arbitration is a specialized form of arbitration designed to expedite the resolution of disputes, particularly commercial disputes. It involves streamlined procedures and time-bound processes to ensure quicker outcomes.
9. Expert Determination: Expert determination involves the appointment of a neutral expert to resolve specific technical or factual issues in a dispute. The expert's decision is binding on the parties and is often used in disputes involving complex technical matters.
10. Adjudication: Adjudication involves the appointment of a neutral adjudicator to make a binding decision on a dispute, typically within a fixed timeframe. Adjudication is commonly used in construction and infrastructure projects to resolve disputes quickly.

PYQ

1. "The Central Administrative Tribunal which was established for redressing the grievances of public servants has failed to achieve its objective." Critically examine. (UPSC 2018)
2. Critically examine the Supreme Court's judgment on the constitutionality of the National Judicial Appointments Commission Act, 2014 with reference to the appointment of judges of higher judiciary in India. (UPSC 2017)