ADR

The courts should not be the places where resolutions of disputes begin. They should be the places where disputes end after alternative methods of resolving disputes have been considered and tried.” Justice Sandra Day O’Connor, Supreme Court of the United States

Alternative Dispute Resolution offers creative solutions to resolve your disputes. We at BIMACC echo the words of Justice Sandra Day O’Connor and believe that ADR stands for Appropriate Dispute Resolution.

ADR methods are adopted by various countries and they co-exist with litigation harmoniously. ADR helps solve the problem of lengthy and expensive litigation

Many legal battles go on for years and need enormous amounts of time, patience and money. ADR methods such as mediation, arbitration, and conciliation prove to be a boon as they are expeditious and cost-effective.

In the 1970’s, the U.S.A. faced a similar situation where justice administration slowed down and Courts complained of a “docket explosion”. People started losing faith in the system and turned to extra-judicial mechanisms to resolve disputes. At the Roscoe Pound Conference the American Bar Association took the initiative to amend the civil code to recognise ADR methods. Today, more than 90% of disputes are resolved through ADR.

In India, ADR methods are recognised by the Arbitration and Conciliation Act, 1996 and the amendment to the Civil Procedure Code, 1908. Legislation like the Commercial Courts Act have even made pre-litigation mediation compulsory. The Law Commission and Government have also pressed upon the importance of ADR.

ADR Methods at BIMACC include