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Articles
Law Relating to Mediation as a Mode of Alternative Dispute Resolution
Mediation is a means to resolve disputes without resorting to litigation or other adversarial modes of dealing with conflict. By seeking a "win-win" solution, acceptable to both sides, mediation promotes better understanding among disputants. It also costs less, results...
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Law Relating to Arbitration as a Mode of Alternative Dispute Resolution
This Article analyses the The Arbitration and Conciliation Act, 1996, taking into account UNCITRAL Model Law and Rules and also vastly making amendments in the law relating to domestic arbitration contained in the 1940 Act. It also discusses the salient features of the said Act.
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Law Relating to Lok Adalats as a Mode of Alternative Dispute Resolution
The legal system should be able to deliver justice expeditiously on the basis of equal opportunity and provide free legal aid to secure that opportunities for securing justice are not denied to any citizens by reasons of economic or other disabilities. It was in this context that the Parliament enacted the Legal Services Authority Act, 1987, and hence lead to setting up of Lok Adalats.
Articles
Law Relating to Conciliation as a Mode of Alternative Dispute Resolution
A conciliation proceeding is initiated by a party sending to the other party a written invitation to conciliate. As contrasted from arbitration, when a matter is referred to conciliation, the matter does not go out of the stream of court process permanently. If there is no settlement, the matter is returned to the court for framing issues and proceeding with the trial.
Articles
Alternative Dispute Resolution: The Legal Regulations in India
Alternative Dispute Resolution (“ADR”) represents a variety of processes through which potential litigants may resolve disputes. The traditional view is that processes ranging from face-to-face negotiations to formal, binding arbitrations are used as an alternative to litigation. Today, however, the process of litigation occupies a place within a spectrum of "Appropriate Dispute Resolution".
Articles
India’s Need Of Standalone Law For Exterminating The “Torture Demon”
Mahatma Gandhi once said, “I object to violence because when it appears to do good, the good is only temporary, the evil it does is permanent.” Undoubtedly, there is no justification for violence, even more so when such violence...
Articles
Mediation, Negotiation and Lok Adalats as Modes of ADR
Mediation
Mediation may be defined as a non-binding procedure in which an impartial third party, the conciliator or mediator, assists the parties to a dispute in reaching a mutually satisfactory and agreed settlement of the dispute. Mediation is a...
Articles
Arbitration & Conciliation as Modes of ADR
Arbitration
It was only during the British rule that arbitration was introduced in India as a mode of ADR. After a very chequered history, the Arbitration Act, 1940 came into being which was a complete code on the law...
Articles
Spectrum of ADR
ADR includes within its ambit all those amicable methods of dispute settlement without the intervention of the court. There is no universally accepted definition of the expression ADR. Some definitions of ADR exclude all processes whereby a binding decision...
Articles
The Evolution of Section 89 C.P.C Through Various Amendments
The article shall focus on dealing with the legislative background pertaining to Section 89 of the Code of Civil Procedure i.e. to trace the historical growth or evolution of Section 89. For the sake of clarity, this has been...
About Me
Since its inception in 1990 which coincides with India’s economic liberalization, L&L, formerly Luthra & Luthra Law Offices, has assisted numerous multinational corporations to set up their presence in India, and navigate the complex Indian legal system.
Our new identity reaffirms inclusiveness and recognizes the contributions of its founder, partners, associates and support staff in creating a leading institution.
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