Wednesday, August 19, 2009

ADR Centre in News

ADR Centre which was launched on 25th July, 2009 is making news attracting atention of the people and the authorities. The Centre is working in full swing with few cases already been settled. There has been many queries from the people who wanted their cases to be settled. With the backing of trained mediators and experts in various fields in addition to a vibrant team, the Centre is confident that they can reach to the masses and support or help them in identifying and providing a settlement option to them. In Justice Krishna Iyers words "ADR Centre shall be the begining of a National Movement for ADR in India". With the support of the people and the others working the field of law, the Centre believes that anything is possible!!!

Tuesday, August 11, 2009

Common drawbacks

Alternative Dispute Resolution programs have not fared well in many of the developing

countries. One problem with many community-based systems is that norms controlling dispute resolution can contradict national laws.

In Bangladesh village justice systems often recognize oral divorces despite a 1962 law requiring that all divorces be in writing. A second problem with community systems is that those deciding the cases are often biased against women, poor people, and other underprivileged groups.

Training, outreach, and legal awareness programs can help solve these problems. But these programs cannot solve the larger problem of incentives. In most developing and transition economies the courts are not strong enough to enforce contracts requiring that disputes be submitted for alternative dispute resolution or that the losing party pay the resulting award. Alternative dispute resolution can succeed only if claimants and defendants have incentive to make it work. In Argentina, Colombia, and Peru any firm that fails to arbitrate a dispute after agreeing to do so or refuses to pay an award—quickly becomes known as an unreliable business partner. Thus a firm’s concern about its reputation provides a powerful incentive to participate in alternative dispute resolution and respect the outcome.