An analysis of Alternative dispute resolution in India with special reference to Afcons Infrastructure Limited and Another v. Cherian Varkey Construction Company Pvt. Ltd. and others 2010 – Glimpse
Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial. In common ADR process includes mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings. The object behind this provision is to avoid multiplicity of litigation, save valuable time, money and permit parties to amicably come to a settlement which is lawful, is in writing and is a voluntary act on the part of the parties. Further, to reduce burden of the court. The general principle is that all matters, which can be settled in a suit, can also be settled by means of compromise. The Act of 1999 has introduced by way of power rendered under Section 89 of the Code of Civil Procedure 1908. On which, the court may by itself, proactively refer a dispute for ADR methods such as Arbitration, Mediation, Conciliation and judicial settlement through Lok Adalat if it appears that elements of settlement, which may be acceptable to the parties to the dispute. This paper is intended to give an overview of procedural aspects as contained in Civil Procedure Code as well as of the different methods of Alternative Dispute Resolution with special reference to the judgement of the Hon’ble Supreme Court in the case of Afcons Infrastructure Limited and Another v. Cherian Varkey Construction Company Pvt. Ltd. And others 2010 along with other statutes of India.
Article Details
Unique Paper ID: 158425

Publication Volume & Issue: Volume 9, Issue 9

Page(s): 755 - 758
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