What do Consumers understand about Dispute Resolution System?

1. SECTION
3
W H AT D O C O N S U M E RS
U N D E RS TA N D A B O U T T H E D I S P U T E
R ES O LU T I O N S Y S T E M S ?

2. Contents
 I N T R O D U C T I O N
 W H AT I S A D R , T Y P E S O F A D R P R O C E S S E S
 H I S TO R Y A N D E V O LU T I O N O F A D R
 W H AT C O N S U M E R T H I N K A D R M E A N S ?
 FA Q ' S BY C O N S U M E R S A B O U T D I S P U T E R E S O LU T I O N S Y S T E M S
 A D R L A N D S C A P E
 E X P E C TAT I O N S O F C O N S U M E R S
 C O N S U M E R S ’ E X P E R I E N C E U S I N G A D R
 R E A S O N S TO C H O O S E A D R O V E R L I T I G AT I O N
 R E C O M M E N D AT I O N S F R O M R E S E A R C H
 H O W TO M A K E P E O P L E AWA R E
 A D V E R T I S E M E N T A N D M E D I A
 T H E C O N C LU S I O N

3. Introduction
What is dispute resolution?
Dispute Resolution is defined as a process of solving a conflict. This is
an alternative approach from the law courts.
When two parties do not agree on a certain point, a dispute is bound
to arise. Such conflicts or claims can be resolved through a Non-
judicial approach such as Arbitration, Negotiation etc.
Who can opt for dispute resolution?
These disputes generally arise between family members, neighbours,
close relatives over property or money matter, or an employer and
his/her employee. It can be dealt in a Private Court.
It could be solved by a third party. The two unsettling parties have to
agree to the negotiation made and this final decision cannot be
challenged even in the court of law.

4. What is ADR • It is a confidential process where an independent third
party helps the people in dispute reach an agreement
Mediation
• Similar to mediation, but the independent third party
has a more active role in suggesting what agreement
should be reached.
Conciliation
• Arbitration is a binding process where an independent
third party evaluates a dispute and decides how it should
be resolved.
Arbitration
• adjudication is like arbitration, but usually produces a
decision that is only binding on the business, not the
consumer.
Adjudication
• It is a method in which discussions between the parties
are initiated without the intervention of any third party with
object of arriving at a negotiated settlement of the
disputes.
Negotiation
• Alternative dispute resolution
(ADR) refers to the alternatives to
litigation potentially available to
resolve a dispute.
• ADR can involve adjudicative
approaches, where a binding
decision is made on the dispute
• It can also involve non-adjudicative
approaches, where the aim is to
obtain agreement between the
parties
Types of ADR Processes:

5. History & Evolution Of ADR
It has been practised for more than thousands years now. The earliest data of ADR can be traced from Ancient
Greek Philosophers like Aristotle, Plato etc.
It was started in the USA in the late 1970s as a Social and Legal Reform movement merely out of the discontent
led by the Judiciary and legal services. I
For some time it was funded by the US Government and since it became a more convenient method to achieve
justice or settlement the 'A' in ADR got transformed from Alternative to Appropriate.
 After the civil war and post Apartheid movement, ADR developed to provide punishment as well as
reconciliation. In many European and African countries, this was hybridised to seek truth and justice in case of a
dispute and apply various reforms like forgiveness, narrative, apologies, ceremonies etc.
Indian Government replaced the earlier Arbitration Act,1940 with The Arbitration and Conciliation Act 1996, in
accordance with the mandates of the United Nations Commission on International Trade Law (UNCITRAL).

6. What do consumer think ADR
means?
The infographic over the page gives a snapshot of
what consumers who have heard of the term
‘alternative dispute resolution’ think it means.
The presentation is made based on a case
research from the source: YouGov poll of 309 UK
adults who had used or heard of ADR. Poll
commissioned by Citizens Advice and conducted 14
and 15 March 2017.
This is the first of several points throughout the
presentation where polling data is presented to
give an insight into how consumers see the issues
covered in this report source.

7. FAQs By Consumers about
Dispute Resolution System
What type of disputes may be submitted to ADR? ADR is generally available to resolve disputes in formal proceedings
pending before the Private Court. Which includes Purchasing Contacts, Manufacturing, Equipment, Commercial Landlords, e-
commerce, Employment and Freelancing contracts.
What types of ADR are available? The Private Court's ADR program provides facilitation, arbitration, mediation and
settlement judge services.
When does ADR occur? ADR can occur at any time during a formal proceeding. We encourage the early use of ADR to save
the parties' time and money.
How long does it take? Most ADR sessions are completed in ½ to 2 days. The maximum time taken by Private Court is
10Days
How can I request ADR? There are 2 ways to request an ADR:
1. Simply visit our site https://www.pvtcourt.com/ and Register
2. Send an e-mail to support@pvtcourt.com

8. ADR Landscape
There has been an increase in the number of ADR schemes but gaps in availability remain
Consumers are likely to be confused where more than one scheme operates in the same sector
Because ADR is non-compulsory in many areas, consumers may not have access to redress
The ADR system is confusing and not based around consumers’ needs
The ADR landscape in non-regulated areas is complicated by overlaps in schemes
There now exist a number of ADR schemes which cover consumer goods and services complaints.
Overall, The ADR landscape is more complex and confusing than ever before

9. Expectations of
Consumers
WHAT CONSUMERS WANT AND EXPECT FROM ALTERNATIVE
DISPUTE RESOLUTIONS

10. Before ADR
To be told that an ADR scheme exists that can deal with
their complaint
To have good information available online about ADR
scheme
To have their concerns validated by the ADR scheme
To have reassurance they are not being nuisance and have
genuine concerns
For the mediator to be made to listen by the ADR scheme
Consumers Expect:

11. During ADR
To be Listened and feel understood
To be accessible by email and online portals, and have
forms and documents available online
To have a simple and straight-forward process
To have timely resolution to their complaint
To prevent the trader from causing delays in resolving a
dispute
To have appropriate expertise
To be clearly informed of the outcome of their case
Consumers Expect:

12. After ADR
To make a difference and achieve positive outcome
To have a process involving little bureaucracy and
formality
To feel complaining is worth it even when they don’t get
the favorable outcome
To demonstrate that their complaints has been
understood
Consumers Expect:

13. Consumer experiences of using
ADR
FROM THE CASE STUDY AS MENTIONED :Poll commissioned by Citizens Advice and conducted 14 and 15
March 2017, Respondents shared their experiences and are mentioned below.
Consumers can face it hard to find an ADR scheme to complain to.
Consumers want the ADR scheme to listen to them and provide individual redress.
Consumers find the process easy, although they felt that some may struggle.
Consumers’ expectations focused around obtaining an individual remedy and getting a business to listen.
Areas of dissatisfaction with ADR centered on timeliness and the remedy provided.
Consumers feel that independence, impartiality, and expertise of ADR schemes are important.

14. Reasons To choose ADR over
Litigation
Litigation tends to produce only winners and losers --- not solutions to joint problems.
No ADR plan will ever prevent all litigation, but none will come close without the wholehearted
commitment of company management.
The tone of the negotiation was positive in ADR.
ADR is more flexible and speed
ADR can save consumers’ expenses.
Consumers can select their own Arbitrator / Mediator .
Relationships can be preserved & results can be kept confidential in ADR plans.

15. Recommendations From Research
Mandatory ADR should be extended across all consumer sectors
 The government should adopt the principle that participation in ADR should be mandatory across
all consumer sectors.
There are currently multiple ADR schemes permitted to operate. This can be confusing for
consumers and adds to the complexity of the ADR landscape.
The government should, therefore, take steps to make the ADR landscape easier for consumers to
navigate.

16. How To Make
People Aware
Resolving dispute without litigation outside the
courtroom.
ADR similar to earlier panchayat system where parties
with dispute are solved by a third party without any
adversarial, like this arbitration is involved in resolving
dispute between two parties in private court.
Make a short note of Pham-plate or brochure about ADR
and dispute to people.
Make a short film and share through social media.

17. Advertisement And Media
Webpage can be created and blogs can be written about ADR
displaying experienced members feedback.
We can reach people through advertisements.

18. Conclusion
In a world where everything has to be fast, even the trials cannot make you wait. ADR is a convenient and easy
process to resolve conflict in a short period of time
-Mimansha Ranjan
A good legal framework ADR can be a catalyst for commercial development by providing an efficient, expeditious and
cost effective alternative mode of dispute resolution.
- G Kamale Gayathri
Your disputes can be resolved at private court with assured flexibility of procedure, preservation of relationships and
reputations in low complexity and costs.
- K Tarun Teja

19. Thank You
PRESENTED BY: MIMANSHA RANJAN KAMALE GAYATHRI K TARUN TEJA