Tiêu đề ADR Question No 2..pdf ✅

ALVI LAW ASSOCIATS 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ADR you can watch lecture of this question from here. https://youtube.com/playlist?list=PLXTPClsX2hdBTYAdNL1vmvQ RCjRDU49UY&si=QndPP2AC4nW_2EVm Question # 02: Write a detail note on the concept of Alternative dispute resolution ADR, and different approaches on ADR? (This Question is from 1st Topic of the Outline) 1. INTRODUCTION: Alternative Dispute Resolution (ADR) refers to the methods and processes used to resolve disputes outside of the traditional court system. ADR emerged as a response to the drawbacks of litigation, such as high costs, long durations, and the adversarial nature that often leads to conflicts. Now a days the ADR has become an integral part of the industrialized and developing countries. People are choosing to resolve their disputes through ADR due to its speedy and less expensive justice.
2. RELEVANT PROVISIONS: Following are the relevant provisions dealing with the ADR. • The arbitration Act of 1940 • The Punjab arbitration Act of 2019 • Section 89-A of CPC 1908. Read with Order 10 rule 1-A of ADR methods. • Section 10 and 12 of the Family court Act 1964. • Article 153-154 of constitution Of Pakistan 1973. 3. MEANING OF ADR: According to Oxford Dictionary of law: “Various methods of resolving civil disputes otherwise than through the normal trial process.” 4. DEFINITION OF ADR: Alternative Dispute Resolution (ADR) refers to various processes that help parties resolve disputes without a trial. According to the American Bar Association: "Alternative Dispute Resolution (ADR) refers to a variety of processes and techniques such as mediation, arbitration, and negotiation that are used to help parties resolve disputes without resorting to litigation." This definition highlights ADR as a collective term for methods aimed at resolving conflicts outside the court system, often seen as more flexible, cost-effective, and quicker than traditional legal processes. 5. APPROACHES ON ADR:
Approaches on ADR refer to the different methods or ways used to resolve disputes without going to court. These approaches are designed to help people find solutions to their disagreements more efficiently and amicably. ADR is consist of following main Approaches/technics as under. • Arbitration: • Negotiation: • Mediation: • Conciliation: • Mini Trial. • Early Neutral evaluation. ✓ ARBITRATION: Arbitration is a method where a neutral third person, called an arbitrator, listens to both sides of a dispute and makes a decision to resolve it. This decision is usually final and must be followed, similar to a court judgment. ✓ Example: Imagine a company and a supplier have a disagreement over a delivery contract. They agree to use arbitration to solve the issue. They choose an arbitrator who specializes in business disputes. Both the company and the supplier present their sides of the case to the arbitrator. After reviewing the evidence and arguments, the arbitrator makes a decision on how the contract should be enforced. The company and supplier must then follow this decision. ✓ NEGOTIATION: Negotiation is a process where two or more parties communicate directly with each other to resolve a dispute or reach an agreement. They discuss their needs and concerns and try to find a solution that works for everyone. ✓ Example:
Imagine a landlord and a tenant disagree over the terms of a lease renewal. They meet to negotiate. The landlord wants a rent increase, while the tenant wants to keep the rent the same. They discuss their positions and negotiate back and forth. Eventually, they agree on a smaller rent increase and a longer lease term. They write down this new agreement to finalize it. ✓ MEDIATION: Mediation is a way to resolve disputes where a neutral third person, called a mediator, helps the parties involved communicate and find a solution that both sides agree on. The mediator doesn’t make decisions but helps guide the conversation. ✓ Example: Imagine two neighbors have a dispute over a tree that hangs over the property line. They agree to mediate to resolve the issue. A mediator is chosen, and both neighbors meet with the mediator to discuss their concerns. The mediator helps them understand each other’s viewpoints and suggests solutions. Eventually, they agree on a plan where the tree will be trimmed, and both sides are satisfied with the resolution. ✓ CONCILIATION: Conciliation is a process where a neutral third person, called a conciliator, helps parties resolve their disputes by meeting with them separately and together to suggest solutions and encourage agreement. ✓ Example: Imagine two business partners have a disagreement about how to divide profits. They agree to conciliation. The conciliator meets with each partner individually to understand their perspectives. Then, the conciliator brings them together and suggests a way to split the profits fairly. The partners agree to the proposal and put the new arrangement into writing.