What is Alternative Dispute Resolution and how Law Blocks help.
Alternate Dispute Resolution
The concept of Alternative Dispute Resolution (ADR) mechanism is capable of providing a substitute to the conventional methods of resolving disputes. ADR offers to resolve all types of matters including civil, commercial, industrial and family etc., where people are not able to start any type of negotiation and reach a settlement. Generally, ADR uses a neutral third party who helps the parties to communicate, discuss the differences and resolve the dispute. It is a method which enables individuals and groups to maintain co-operation, social order and provides opportunities to reduce hostility. To deal with the situation of pendency of cases in courts of India, ADR plays a significant role by its diverse techniques. Alternative Dispute Resolution mechanism provides scientifically developed techniques to judiciary which helps in reducing the burden on the courts. ADR provides various modes of settlement including, arbitration, mediation, litigation and conciliation. ADR is also founded on such fundamental rights, which deals with equality before law and right to life and personal liberty respectively. ADR’s motive is to provide social-economic and political justice and maintain integrity in the society. ADR also strives to achieve equal justice and free legal aid.
Various modes of Alternative Dispute Resolution
Conciliation is a form of arbitration but it is less formal in nature. It is the process of facilitating an amicable resolution between the parties, whereby the parties to the dispute use a conciliator who meets with the parties separately to settle their dispute. Conciliators meet separately to lower the tension between parties, improving communication, interpreting issues to bring about a negotiated settlement There is no need for prior agreement and cannot be forced on a party who is not intending for conciliation. It is different from arbitration in that way.
Mediation is an Alternative Dispute resolution (ADR) where a third neutral party aims to assist two or more disputants in reaching agreement. It is an easy and uncomplicated party centered negotiation process where a third party acts as a mediator to resolve disputes amicably by using appropriate communication and negotiation techniques. This process is totally controlled by the parties. Mediator’s work is just to facilitate the parties to reach a settlement of their dispute. Mediator doesn’t impose his views and makes no decision about what a fair settlement should be.
The process of Arbitration cannot exist without valid Arbitration Agreement prior to the emergence of dispute. In this technique of resolution parties refer their dispute to one or more persons called Arbitrators. Decision of the Arbitrator is bound to parties and their decision is called ‘Award’. The object of Arbitration is to obtain fair settlement of dispute outside of court without necessary delay and expense. Any party to a contract where the arbitration clause is there, can invoke an arbitration clause either himself or through their authorized agent which refers the dispute directly to the arbitration as per the Arbitration clause. Here, arbitration clause means a clause that mentions the course of actions, language, number of arbitrators, seat or legal place of the arbitration to be taken place in the event of dispute arising out between the parties. There are such special centers founded under the New York convention and binding on the Arbitration Centers and Courts of which are as follows Swiss Chambers Arbitration Institution, London Court of International Arbitration, International Chamber of Commerce International Court of Arbitration American Singapore International Arbitration Centre, Hong Kong International Arbitration Centre Chinese International Economic and Trade Arbitration Centre, Indian Council of Arbitration
Alternate Dispute Resolution by law blocks
Free legal Aid: (by law blocks team) Mediation and Arbitration Law blocks provide free legal aid for small and medium values disputes.
Community voting democratically: An online dispute resolution mechanism where members of the community can participate in the decision-making process, designed to resolve disputes.
Mediation / Arbitration for resolving disputes (Party choice): Online Dispute Resolution mechanism where experts who are members of the community selected by the parties can participate in the decision-making process, and can resolve disputes.
Arbitration courts and Arbitration and Resolution Centre: Digitised commercial arbitration which renders arbitration awards that are binding and fully recognizable and enforceable under the New York Convention, designed for high-value disputes. Law Blocks is a one window Blockchain based ecosystem for creating and keeping records of contracts, and solving disputes providing unbiased, swift and affordable resolution through arbitration, the contract can be drafted and signed on Law Blocks using Blockchain Technology. The contract is legal binding as it is cryptographically signed, and all is done virtually.
The whole ecosystem of Law Blocks is powered through LBT (Law Blocks Token), a XRC-20 utility token. LBT is used for all the transactions that happen on the Law Blocks platform and for incentivizing our community. Being a token on XDC Network, $LBT has access to multiple DEX such as Globiance DEX, XSwap and third-party secure wallets like DCent, Bitfi, Ellipal and Guarda. LBT tokens being digital assets are available for trading with major exchanges.
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