Group Discussion Board

Problem of ADR

Problem of ADR

by erin muftarin -
Number of replies: 1

There are many problems whice arises in ADR.  These problems are given below 

  

Consent of the parties


For ADR to be successful, especially in arbitration proceedings, both the parties must agree to refer the dispute to be settled through arbitration or mediation. Under the Arbitration Act, 2001 if one party does not respond to the other party’s notice requesting arbitration to solve a particular dispute, the system provided by the current Act of 2001 as regards appointment of an arbitrator through Court on behalf of the non-responding party is very cumbersome and sometimes it takes years together to even get the arbitration tribunal constituted and the hearing started. So, it is basically, going through the same saga if both the parties do not agree to ADR.