Analysis of alternative dispute resolution techniques: Apparent future of legal dispute Gaur Keshav* Assistant Professor, Seedling School of Law and Governance, Jaipur National University, Jaipur, Rajasthan, India *Email id: keshav.gaur@jnujaipur.ac.in
Online Published on 28 February, 2024. Abstract The Alternative Dispute Resolution, commonly known as ADR, comprises multiple informal processes. Traditional processes of negotiation, mediation and arbitration are primary processes within the system of ADR. The elements of the primary processes have been combined with one another or with those of public process to form hybrid ADR processes original only to the system of ADR. Under the auspices of ADR, derivative processes have also been developed, such as expedited arbitration, documents-only arbitration, final-offer arbitration and quality arbitration. Each process is distinct and separate, having its own unique form, function and method of transforming a dispute. Outwardly, this represents a diverse collection of disjunctive processes. ADR is conceptualized as a pluralistic system of dispute resolution that consists of autonomous and individual systems of process that conform to a central body of general theory and consensual principles. As a method of extracting the fundamental principles of ADR, the discontinuities and continuities between the theory and principles of civil procedure, as a unitary system of procedure, and ADR processes are explored. However, in its conclusions, the paper rejects the premises of a unitary system of procedure as forming the basis for the theory and principles of ADR. Instead, the contrary notion is advanced that ADR is an independent system of dispute resolution which is based on a theory of processual pluralism and supported by cogent processual principles. Top Keywords Adjudication, Civil procedure, ADR, Alternative dispute resolution, Arbitration, Informal process, Litigation, Mediation, Mixed (hybrid) processes, Negotiation, Processual pluralism. Top |