Alternate Dispute Resolution

CSI INSTITUTE OF LEGAL STUDIES,
CHERUVARAKONAM, PARASSALA
THIRUVANANTHAPURAM.
ALTERNATE DISPUTE RESOLUTION
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COMBINED RECORD OF INTERNAL WORK
SUBMITTED AS A PART OF FIFTH
SEMESTER UNITARY LLB DEGREE
COURSE(2017-2020)
NAME : S.NISHA
REGISTER NO : 47417555027
CSI INSTITUTE OF LEGAL STUDIES

PARASALA 2019
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PARASSALA
CERTIFICATE
I hereby certify that, the candidate S.NISHA with Register No 47417555027

is a student of fifth semester unitary LLB Degree course (2017-2020) of this
college and this combined record of internal work prepared by the candidate is
submitted as a part of practical training of this course .
Principal
Place:
Date :
3
PARASSALA
CERTIFICATE
This is to certify that this record on “ALTERNATE DISPUTE

RESOLUTION” by the candidate S.NISHA of fifth semester unitary LLB
Degree course ,is a genuine and bonafide work of research carried out under my
guidance and supervision and no part of this record has been submitted earlier or
published before, for the award of any degree from any institution or university.
Faculty in charge
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DECLARATION
I, hereby declare that this work record on “ALTERNATE DISPUTE

RESOLUTION” is a bonafide work done by me under the supervision of
Assistant Professor Remya of CSI Institute of Legal Studies, parasala. I also
declare that this work record has not been submitted by me fully or partially for the
award of any degree, diploma or similar title or recognition at any university or
institution to the best of my knowledge and belief and also declare that this project
has been done with my classmates.
Place: Parasala S.Nisha
Date:
5
ACKNOWLEDGEMENT
Words are inadequate to express my indebtedness and deep sense of

gratitude to everyone that guided and helped me to complete this practical legal
training.
I am thankful to CSI Institute of Legal Studies parasala Thiruvananthapuram. My

deep sense of gratitude, regards and thanks to Dr.Rani George and Assistant
Professor. Smt. Remya, who undertook the guidance of this training and who gave
me the opportunity to undergo this training. Last but not least I would like to
express my sincere thanks to the librarian and staff of the college library, public
library, and all my teachers and friends.
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TABLE OF CONTENTS
CONTENTS TITLE PAGE

NO.
PREFACE
PART-I A STUDY ON ALTERNATE DISPUTE RESOLUTION

TYPES OF ALTERNATE DISPUTE RESOLUTION
ARBITRATION AND CONCILIATION ACT, 1996
ARBITRATION AND CONCILIATION (AMENDMENT)

ACT, 2019
LEGAL SERVICES AUTHORITIES ACT, 1987
PART-II LOK ADALAT REPORT
PART-III CASE REPORT
PART-IV REPORT ON LEGAL SURVEY
PART-V ROLE PLAY
BIBLIOGRAPHY
PART-VI INTERNAL EXAM-I
INTERNAL EXAM -II
APPENDIX Certificates of Lok Adalat
Questionnaire of Legal Survey
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PREFACE
This practical training work on Alternative Dispute Resolution is submitted as a

partial fulfillment for the award of LL.B final year degree course. This record
consists of three components namely Lok Adalat, Role play, and Socio Legal
Survey . These components were introduced by the Bar Council of India to bring
sufficient rise in the standard and improvement in the quality of new entrance to
the Bar. This scheme will not only impart practical skills but equip young lawyers
with social commitments. There is a social exposure and sobering experience of
lasting benefits to the students.
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PART-I
A STUDY
ON
ALTERNATE DISPUTE RESOLUTION
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INTRODUCTION
Arbitration is a proceeding in which a dispute is resolved byan impartial adjudicator
whose decision the parties to the dispute have agreed, or legislation has decreed, will be
final and binding. There are limited rights of review and appeal of arbitration awards.
Arbitration is not the same as although in some Judicial proceedings ,jurisdictions, court
proceedings are sometimes referred-arbitrations alternative dispute resolution (ADR),
expert determination, mediation (a form of settlement by negotiation by third party) An
Alternative Dispute Resolution is an outcome of all such problems which are facing by
the public constantly in the litigation. It is like a substitute to the traditional method
of resolving dispute and justice.
An ADR mechanism mainly focuses on delivering justice through mutual consent of

the parties in the minimum time without any delay like in litigation. An ADR mechanism
recognized four methods to resolve any dispute such as arbitration, conciliation,
mediation and negotiation. Alternative methods work on the mutual consensus and try to
settle dispute with as early as practicable. ADR mechanism is an option to the public who
don’t want to go for conventional method or want to resolve their matter without courts
interference. These mechanisms have their own advantage as well as flaws, like any other
process have might do. Yet, particularly in the context of mediation, it needs emphasis
that this is only one of the important objectives.
DEFINITION OF ARBITRATION
Arbitration, a form of Alternative Dispute Resolution(ADR), is a way to resolve

disputes outside the court. The dispute will be decided by one or more persons (the
“arbitrators”,arbiters or arbitral tribunal), which renders the “arbitration awards”.
An arbitration award is legally binding on both sides and enforceable in the
courts. Arbitration is often used for the resolution of commercial disputes, particularly
in the context of international commercial transactions In certain countries such as the
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United States, arbitration is also frequently employed in consumer and employment
matters, where arbitration may be mandated by the terms of employment or
commercial contracts and may include a waiver of the right to bring a class action
claim. Mandatory consumer and employment arbitration should be distinguished from
consensual arbitration, particularly commercial arbitration.
Arbitration can be either voluntary or mandatory (although mandatory arbitration can

only come from a statute or from a contract that one party imposes on the other, in
which the parties agree to hold all existing or future disputes to arbitration, without
necessarily knowing, specifically, what disputes will ever occur) and can be either
binding or non-binding. Arbitration is similar to mediation in that a decision cannot
be imposed on the parties. However, the principal distinction is that whereas a
mediator will try to help the parties find a middle ground on which to compromise, the
(non-binding) arbiter remains totally removed from the settlement process and
will only give a determination of liability and, if appropriate, an indication of the
quantum of damages payable. By one definition arbitration is binding and non-binding
arbitration is therefore technically not arbitration.
Advantages and Disadvantages
Parties often seek to resolve disputes through arbitration because of a number of

perceived potential advantages over judicial proceedings. Companies often require
arbitration with their customers, but prefer the advantages of courts in disputes
with competitors:-
Advantages:-
In contrast to litigation, where one cannot "choose the judge",arbitration allows the
parties to choose their own tribunal. This is especially useful when the subject
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matter of the dispute is highly technical: arbitrators with an appropriate degree of
expertise (for example, quantity surveying expertise, in the case of a construction
dispute, or expertise in commercial property law, in the case of a real estate dispute
can be chosen. Arbitration is often faster than litigation in court.
• Arbitral proceedings and an arbitral award are generally non-public, and can be
made confidential.
• In arbitral proceedings the language of arbitration may be chosen, whereas in

judicial proceedings the official language of the country of the competent court is
already prescribed
• Because of the provisions of the New york Conventions 1958, arbitration awards
are generally easier to enforce in other nations than court verdicts.
• In most legal systems there are very limited avenues for appeal of an arbitral
award, which is sometimes an advantage because it limits the duration of the
dispute and any associated liability.
Some of the disadvantages include:
• Arbitration agreements are sometimes contained in ancillary agreements, or in

small print in other agreements, and consumers and employees often do not know
in advance that they have agreed to mandatory binding pre-dispute arbitration by
purchasing a product or taking a job.
• If the arbitration is mandatory and binding, the parties waive their rights to access
the courts and to have a judge or jury decide the case.
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• If the arbitrator or the arbitration forum depends on the corporation for repeat
business, there may be an inherent incentive to rule against the consumer or
employee
• There are very limited avenues for appeal, which means that an erroneous
decision cannot be easily overturned.
• Although usually thought to be speedier, when there are multiple arbitrators on

the panel, juggling their schedules for hearing dates in long cases can lead to
delays.
• In some legal systems, arbitration awards have fewer enforcement options than
judgments; although in the United States arbitration awards are enforced in the
same manner as court judgments and have the same effect.
• Arbitrators are generally unable to enforce interlocutory measures against a party,

making it easier for a party to take steps to avoid enforcement of member or a
small group of members in arbitration due to increasing legal fees,
without explaining to the members the adverse consequences of an unfavorable
ruling.
• Discovery may be more limited in arbitration or entirely nonexistent.
• The potential to generate billings by attorneys may be less than pursuing the
dispute through trial.
• Unlike court judgments, arbitration awards themselves are not directly

enforceable. A party seeking to enforce an arbitration award must resort to
judicial remedies, called an action to "confirm" an award.
• Appeal provision has very limited application
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Arbitrability
By their nature, the subject matter of some disputes is not capable of arbitration. In
general, two groups of legal procedures cannot be subjected to arbitration:
• Procedures which necessarily lead to a determination which the parties to the

dispute may not enter into an agreement upon, Some court procedures lead to
judgments which bind all members of the general public, or public authorities in
their capacity as such, or third parties, or which are being conducted in the public
interest. For example, until the 1980s, antitrust matters were not arbitrable in the
United States.Matters relating to crimes, status and family law are generally not
considered to be arbitrable, as the power of the parties to enter into an agreement
upon these matters is at least restricted. However, most other disputes that
involve private rights between two parties can be resolved using arbitration. In
some disputes, parts of claims may be arbitrator and other parts not. For example,
in a dispute over patent infringement, a determination of whether a patent has been
infringed could be adjudicated upon by an arbitration tribunal, but the validity of a
patent could not: As patents are subject to a system of public registration,
an arbitrage panel would have no power to order the relevant body to rectify any
patent registration based upon its determination.
• Some legal orders exclude or restrict the possibility of arbitration for reasons of
the protection of weaker members of the public, e.g. consumers. Examples:-
German law excludes disputes over the rental of living space from any form of
arbitration,while arbitration agreements with consumers are only considered valid
if they are signed by either party, and if the signed document does not bear
any other content than the arbitration agreement.
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Arbitration Agreement
Arbitration agreements are generally divided into two types:
• Agreements which provide that, if a dispute should arise, it will be resolved by

arbitration. These will generally be normal contracts, but they contain an
arbitration clause
• Agreements which are signed after a dispute has arisen, agreeing that the dispute
should be resolved by arbitration (sometimes called a "submission
agreement") The former is the far more prevalent type of arbitration agreement.
Sometimes, legal significance attaches to the type of arbitration agreement in
certain Commonwealth countries (not including England and Wales), it is possible
to provide that each party should bear their own costs in a conventional
arbitration clause, but not in a submission agreement.
Different kinds of Arbitration
Types of arbitration that are primarily recognized in India on the basis of

procedure and rules:
1. Institutional arbitration
2. Ad hoc arbitration
3. Domestic arbitration
4. International arbitration
5. Conciliation
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6. Mediation
7. Negotiation
a. Institutional arbitration:-An institutional arbitration is one in which a

specialized institution intervenes and takes on the role of administering the
arbitration process. Each institution has its own set of rules which provide a
framework for the arbitration, and its own form of administration to assist in
the process.
Advantages of institutional arbitration
For those who can afford institutional arbitration, the most important
advantages are:-
• The availability of pre-established rules and procedures which ensure the

arbitration proceedings begin in a timely manner
• Administrative assistance from the institution, which will provide a

secretariat or court of arbitration;
• A list of qualified arbitrators to choose from;
• Assistance in encouraging reluctant parties to proceed

with arbitration. Institutional arbitration saves parties and their lawyers
the effort of determining the arbitration procedure and of drafting
an arbitration clause, which is provided by the institution. Once the parties
have selected an institution, they can incorporate that institution's draft clause
into their contract. These clauses can be amended from time to time by the
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institution, drawing on experience in conducting arbitrations regularly, and
ensures there is no ambiguity in relation to the arbitration process.
b . Adhoc arbitration:-An ad hoc arbitration is one which , parties will

therefore have to determine all aspects of the arbitration themselves :- for example,
the number of arbitrators, appointing those arbitrators, the applicable law and
the procedure for conducting the arbitration Provided the parties approach the
arbitration with cooperation, ad hoc proceedings have the potential to be more
flexible, faster and cheaper than institutional proceedings. The absence
of administrative fees alone provides an excellent incentive to use the ad hoc
procedure.The arbitration agreement, whether reached before or after a dispute has
arisen, may simply state that 'disputes between parties will be arbitrated'. It is
infinitely preferable at least to specify the place or 'seat' of the arbitration as well
since this will have a significant impact on several vital issues such as the
procedural laws governing the arbitration and the enforceability of the award. If
the parties cannot agree on the detail all unresolved problems and questions
relating to the implementation of the arbitration - for example, how the
tribunal will be appointed or how the proceedings will be conducted will be
determined by the 'seat' or location of the arbitration. Ad hoc proceedings need not
be kept entirely separate from institutional arbitration. Often, appointing a
qualified arbitrator can lead to the parties agreeing to designate an institutional
provider as the appointing authority. Additionally, the parties may decide
to engage an institutional provider to administer the arbitration at any time.
Advantages of ad hoc arbitration
A properly structured adhoc arbitration should be more cost effective, and

therefore better suited to smaller claims and less wealthy parties. The ad hoc
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process places a heavier burden on the arbitrator to organise and administer the
arbitration. A distinct disadvantage of the ad hoc process is that its effectiveness is
dependent on how willing the parties are to agree on the arbitration procedures at a
time when there may already be a dispute. The failure of one or both parties to
fully cooperate can result in time spent resolving issues or an ultimate recourse to
court. A primary advantage of the ad hoc process is its flexibility, enabling the
parties to decide the dispute resolution procedure
Disadvantages of ad hoc proceedings
Parties wishing to include an ad hoc arbitration clause in the underlying contract

between them, or seeking to agree the terms of arbitration after a dispute has
arisen, have the option of negotiating a complete set of rules which meet their
needs. However, this approach can require considerable time, attention and
expense with no guarantee that the terms eventually agreed will address all
eventualities. Furthermore, if parties have not
agreed on arbitration terms before any dispute arises they are unlikely to fully
cooperate in doing so once a dispute has arisen.Bodies such as UNICITRAL have
rules available which are designed specifically for ad hoc proceedings. Other
options available to parties wishing to proceed in this way, who are not in need of
rules drawn specifically for them, include:
• Using or adapting a set of institutional rules such as the ICC Rules of
Arbitration;
• Incorporating statutory procedures, such as the English Arbitration Act of

1996;
• Adopting an ad hoc provision from another contract. These options

all carry certain risks. For example, where rules drawn up by an
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institutional provider are incorporated into ad hoc proceedings existing
provisions which require administration by the provider - such as
making appointments will need to be amended or excluded. This runs
the risk of creating ambiguities, or of the parties unintentionally
creating an institutional process.
c. Domestic arbitration:-Domestic Arbitration is a form of ADR

where one or more person are appointed to hear a case that takes place
within one jurisdiction. With arbitration an award is made by the
Arbitrator, this award is binding and enforceable in court.Domestic
arbitration takes place in India when the arbitration proceedings, the
subject matter of the contract and the merits of the dispute are all
governed by Indian law,or when the cause of action for the dispute
arises wholly in India or where the parties are otherwise subject
to Indian jurisdiction. In the domestic arbitration , the cause of action
for the dispute should have arisen wholly in India or the parties are
otherwise subject to Indian jurisdiction. Domestic arbitration is an
attractive option for the settlement of disputes.
d. International arbitration:-International arbitration can take place

either within India or outside India in cases where there are ingredients of
foreign origin relating to the parties or the subject matter of the disputes.The
law applicable to the conduct of the arbitration and the merits of the dispute
may be Indian law or foreign law, depending on the contract in this regard and
the rules of conflict of laws.The most significant contribution of 1996 Act is
the categorical definition of international commercial arbitration.Clause(f)
of sub-section (1)of section 2 of the 1996 Act defines international commercial
arbitration as arbitration relating to disputes arising out of legal relationships
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whether contractual or not, considered as commercial under the law in force
in India.
1. The matter relates to dispute
2. Such disputes have arisen out of legal relationships.
3. Such legal relationships may or may not be connected.

4 .The disputes should be those which are considered commercial under the
law in force in India.
5.Where at least one of the parties is:-a body corporate which is in corporated
abroad, The government of a foreign country, A company or an association or
a body of person whose central management and control is exercised abroad.
d. Conciliation:-Conciliation is an alternative dispute resolution(ADR)

process whereby the parties to a dispute use a conciliator, who meets with the
parties both seperately and together in an attempt to resolve their difference.
They do this by lowering tensions, improving communications, interpreting
issues, encouraging parties to explore potential solutions and assisting parties
inn finding a mutually accepted outcome. conciliation process in and of itself,
has no legal standing and the conciliator usually has no authority to seek
evidence or call witnesses, usually writes no decision, and makes no award.
Conciliation offers from mediation that in conciliation, often the parties are in
need of restoring or repairing a relationships, either personal or business.
e. Mediation:-An Alternative Dispute Resolution is an outcome of all such

problems which are facing by the public constantly in the litigation. It is like a
substitute to the traditional method of resolving dispute and justice. An ADR
20
mechanism mainly focuses on delivering justice through mutual consent of
the parties in the minimum time without any delay like in litigation. An ADR
mechanism recognized four methods to resolve any dispute such as arbitration,
conciliation, mediation and negotiation. Alternative methods are work on the
mutual consensus and try to settle dispute with as early as practicable. ADR
mechanism is an option to the public who don’t want to go for conventional
method or want to resolve their matter without courts interference. These
mechanisms have their own advantage as well as flaws, like any other process
have might do. Yet, particularly in the context of mediation, it needs emphasis that
this is only one of the important objectives. Mediation as a process intervention in
the legal system fulfills other instrumental and intrinsic functions which are of an
equal, if not greater importance. In its instrumental function, mediation is a means
to fulfilling stated objectives. The intrinsic function of mediation emphasizes the
value of mediation as an end in itself. It is a non–binding procedure in which an
impartial third party, the conciliator or mediator, assists the parties to a dispute in
reaching a mutually satisfactory and agreed settlement of the dispute. Mediation is
a process by which disputing parties engage the assistance of a neutral third party
to act as a mediator.
Principles of the mediation
Every process of ADR mechanism has its own basic principles on which it’s work
and giving positive outcomes. Like as other process mediation has its own
fundamental principles which are helpful in settling disputes between the parties
on their mutual consensus. Parties choose mediation process over litigation may be
because of these principles which have given effective way to the process.
Mediation usually has seen in the family matters or any neighboring issues which
could be resolve by mediation process rather than go to court for justice. In
generally there are 5 basic principles usually seen in the mediation process and it
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should be followed strictly by the mediator as well as the parties for an effective
outcome. Five basic principles of mediation process are as follows:-
Parties should participate voluntarily:-It is necessary that no one should

forced to mediate, it should be in the hands of parties and they have to decide
whether they want to mediate or go to the courts. Parties have their voluntary
participation in the mediation process. it is going to be more fruitful.People
will cooperate more fully if they know they are free to leave at any point. This
engages their own free will and sense of purpose and enables them to drive the
process towards agreement rather than to be led to an understanding by a third
party. If they drive the process they are more committed to the outcome.
Confidentiality matters in the process
Within the mediation itself the mediator must not divulge any confidences that are
shared with them unless given permission to do so.
•In respect of further proceedings (except with the express permission of both
sides)
• All the information given in the mediation shall be kept confidential and it cannot
be used in the court proceedings neither by the mediators nor court can ask why
the mediation did not work.
Mediators are impartial
The mediator must act impartially and neutrally in the mediation process. He/she
should observe all principles of mediation and consider only matters of procedure.
He/she should not comment, value judgments, nor give advice or suggesting
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solutions. Impartiality of a mediator should ensure that the parties accept him/her
as a person who is sincerely dedicated to resolving the dispute and who favors
both sides in the dispute, seeking solutions that would satisfy both sides in the
dispute. The mediator cannot perform the function if there are circumstances
that indicate doubts about his impartiality and objectivity.
Mediation an effective, ADR mechanism
The use of the term “mediation” is well known in International Law. It is the
technical term in International Law which signifies the interposition by a neutral
and friendly state between two States at war or on the eve of war with each other,
of its good offices to restore or to preserve peace. The term is sometimes as a
synonym for intervention, but mediation differs from it in being purely a friendly
act. Mediation at one level of perception is a means of avoiding the pitfalls of
litigation. The problems which arise in the resolution of disputes through litigation
are well known.
These are, broadly
(i) delay
(ii) expense
(iii) rigidity of procedures and
(iv) a reduction in the participatory role of parties.

In the path of resolving these pitfalls of litigation, mediation is the most frequently
adopted ADR procedure. The process of mediation may have to pass through
several stages such as :-
•opening statement to the parties
•summarizing and agenda setting.
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•exploration of issues.
•private sessions or caucus
•joint negotiation session
•agreement
Practitioners in this field adopt their own perfected styles. They differ in their
basic steps. A lot depends upon the nature of the dispute. The more complicated a
matter, the more private meetings would be necessary to pave the ground for a
joint meeting. A mediator may adopt either a facilitative or evaluative approach.
Mediators try to avoid opinions and judgments. They rather facilitate and
encourage parties to open up their communications and disclose their interests and
priorities. In this process the mediator gets the opportunity of locating the points of
difference and the area of controversy or dispute. He may then help the parties to
bridge the gap between them.
The essence of mediation lies in the role of the mediator as a facilitator. The
mediator is not an adjudicator. Unlike the Judge in a traditional Court setting or for
that matter even an arbitrator, the mediator is neither an adjudicator of facts nor an
arbiter of disputes. The role of the mediator is to create an environment in which
parties before him are facilitated towards resolving the dispute in a purely
voluntary settlement or agreement. The mediator is a neutral. The neutrality of the
mediator is akin to the neutrality of a Judge but the role of the mediator
is completely different from that of a Judge. The mediator does not either deliver
judgment or dictate to the parties the terms of the agreement.
Mediation is an effective ADR mechanism can be seen by these 4 benefits of the

process such as
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1.Informality – No court rules or legal precedents are involved in mediation.
The mediator does not impose a decision upon the parties. As opposed to
adversarial forums, the mediator helps to maintain a business like approach
to resolving a dispute. There are no fixed solutions in mediation. Parties can look
to developing creative solutions to resolve matters and the solution rests with the
parties themselves.
2.Privacy and confidentiality – The mediation conference takes place in a

private setting such as a conference room at any of the Arbitration Associations.
Mediation is not a matter of public record. Its confidentiality is maintained.
3.Time and cost savings – Mediation generally lasts a day. Complex matters
may require more time due to highly technical issue and/ or multiple parties.
Without the formalities found in litigation, mediation usually results in substantial
costs savings.
4.Control – Parties have control over their participation in mediation. A party

can decide to terminate their participation at any point in mediation. Mediators
help parties maintain control over the negotiation that takes place.
Implementation strategies
For an effective implementation, there is always a need of strategies and policies.

Mediation process is frequently used by the public but there is lack of
implementation. More mediation centres have to be set up by High courts and
particular sect of cases should be giving to the mediation by courts. The
development of mediation as a viable alternative to litigation is still in the incipient
stages in India. Mediation centre’s have recently been set up by a few industry and
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trade associations. Similarly, professional lawyers have in certain isolated
instances attempted to develop into full fledged professionals with expertise in
mediation. These instances are, however, sporadic and the overall potential of
mediation still remains to be explored. Strategies for successful implementation of
mediation must, be carefully assessed and a conscious effort has to be made
towards the evolution of a process that will be acceptable to the society at large.
Mediation As Effective ADR Mechnasim
Civil procedure under ADR :-Section 89 of the Code of Civil Procedure,1908

which gives the Court the power to refer the dispute for settlement or conciliation
was introduced with a purpose of an amicable, peaceful and mutual settlement
between parties without the intervention of the court. However, the issue is that
even after more than a decade of its implementation, the provision provided for
ADR under Section 89 suffers from many anomalies. The constitutional validity of
this section was upheld but the frequency with which ADR is utilized
for resolution of disputes remains minute, which arises due to lack of knowledge
about the same or on account of the reluctance of the parties. The Law
Commission in its 129th Report advocated the need for amicable settlement of
disputes between parties and the Malimath Committee recommended to make it
mandatory for courts to refer disputes, after their issues having been framed
by courts, for resolution through alternate means rather than litigation/trials. The
alternate forums accorded under Section 89 are economically more viable as there
are relatively lesser amount of transaction costs and thus, there is a need to
make people aware about the same. However, the author believes that the
provision under Section 89 is right in its essence but its purpose is defeated due to
legal intricacies, draftsperson error and lack of awareness among
individuals.Section 89 of the Code of Civil Procedure States that:
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(1) Where it appears to the court that there exist elements of a settlement which
may be acceptable to the parties, the court shall formulate the terms of settlement
and give them to the parties for their observations and after receiving the
observation of the parties, the court may reformulate the terms of a possible
settlement and refer the same for (a) arbitration; (b) conciliation (c) judicial
settlement including settlement through Lok Adalath; or (d) mediation.
(2) Where a dispute had been referred:-
(a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation
Act, 1996 shall apply as if the proceedings for arbitration or conciliation were
referred for settlement under the provisions of that Act.
(b) to Lok Adalath, the court shall refer the same to the Lok Adalath in accordance
with the provisions of sub-section (1) of section 20 of the Legal Services Authority
Act, 1987 and all other provisions of that Act shall apply in respect of the dispute
so referred to the Lok Adalath;
(c) for judicial settlement, the court shall refer the same to a suitable institution or
person and such institution or person shall be deemed to be a Lok Adalath and all
the provisions of the Legal Services Authority Act, 1987 shall apply as if the
dispute were referred to a Lok Adalath under the provisions of that Act;
(d) for mediation, the court shall effect a compromise between the parties and shall
follow such procedure as may be prescribed.
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Arbitration (Protocol and Convention) Act 1937:
The Geneva Protocol on Arbitration Clauses 1923 and the Geneva Convention on the
Execution of Foreign Arbitral Awards 1927 were implemented in India by the Arbitration
(Protocol and Convention) Act, 1937. This Act was enacted with the object of giving
effect to the Protocol and enabling the Convention to become operative in India.
The Arbitration Act of 1940:
The Arbitration Act, 1940, dealt with only domestic arbitration. Under the 1940 Act,
intervention of the court was required in all the three stages of arbitration in the tribunal,
i.e. prior to the reference of the dispute, in the duration of the proceedings, and after the
award was passed.
This Act made provision for-
a) Arbitration without court intervention;
b) Arbitration in suits i.e. arbitration with court intervention in pending suits and
c) Arbitration with court intervention, in cases where no suit was pending before the
court.
Before an arbitral tribunal took cognizance of a dispute, court intervention was required
to set the arbitration proceedings in motion. The existence of an agreement and of a
dispute was required to be proved. During the course of the proceedings, the intervention
of the court was necessary for the extension of time for making an award.Finally, before
the award could be enforced, it was required to be made the rule of the court. This Act
did not fulfill the essential functions of ADR. The extent of Judicial Interference under
the Act defeated its very purpose. It did not provide a speedy, effective and transparent
mechanism to address disputes arising out of foreign trade and investment transactions
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The Arbitration and Conciliation Act,1996
Law on International Commercial Arbitration in 1985; and Whereas the General

Assembly of the United Nations has recommended that all countries give due
consideration to the said Model Law, in view of the desirability of uniformity of
the law of arbitral procedures and the specific needs of international commercial
arbitration practice; AND Whereas the UNCITRAL has adopted the UNCITRAL
Conciliation Rules in 1980; And Whereas the General Assembly of the United
Nations has recommended the use of the said Rules in cases where a dispute arises in
the context of international commercial relations and the parties seek an amicable
settlement of that dispute by recourse to conciliation; And Whereas the said Model
Law and Rules make significant contribution to the establishment of a unified legal
framework for the fair and efficient settlement of disputes arising in international
commercial relations; And Whereas it is expedient to make law respecting arbitration
and conciliation, taking into account the aforesaid Model Law and Rules.
Arbitration & Conciliation(Amendment)Act,2019:-
On August 9, 2019, the President of India gave his assent to the amendments
to the Arbitration and Conciliation Act, 1996 ('Act') and the same has
been published in the Official Gazette of India. Some of the key highlights of the
Arbitration and Conciliation (Amendment) Act, 2019 ('Amendment Act') are
set out below:
i. Arbitral Institution
Section 1(ca) has been introduced to define an 'arbitral institution' as an arbitral

institution designated by the Supreme Court or a High Court under the Act.
29
ii. Appointment of Arbitrators under Section 11
The Amendment Act empowers the Supreme Court (in the case of an international
commercial arbitration) and the High Court (in cases other than international
commercial arbitration) to designate arbitral institutions for the purpose of
appointment of arbitrators. Such arbitral institutions will be graded by
the Arbitration Council of India (discussed below). Where a graded arbitral
institution is not available, the Chief Justice of the concerned High Court may
maintain a panel of arbitrators for discharging the functions and duties of the
arbitral institution. In the absence of a procedure to appoint an arbitrator or
failure of such procedure under the agreement, the appointment will be made by
the arbitral institution designated by the Supreme Court or the High Court, as the
case may be. The application for appointment of an arbitrator will be disposed of
by the arbitral institution within a period of thirty days from the date of service of
notice on the opposite party. The arbitral institution will determine the fees of the
arbitral tribunal and the manner of its payment to the arbitral tribunal subject to the
rates specified in the Fourth Schedule to the Act.
iii. Arbitration Council
Part 1A has introduced the concept of an Arbitration Council of India ('Council'),

which will be established by a notification by the Central Government, and will
have its headquarters in Delhi. The composition of the Council will include a
Chairperson who is a Judge of the Supreme Court/ Chief Justice of a
High Court/Judge of a High Court or an eminent person, having special knowledge
and experience in the conduct or administration of arbitration, who will be
appointed by the Central Government in consultation with the Chief Justice
of India. The other Members of the Council will include an eminent arbitration
30
practitioner and an eminent academician. The ex-officio Members of the Council
will include the Secretary to the Government of India in the Department of Legal
Affairs, Ministry of Law and Justice and Secretary to the Government of India in
the Department of Expenditure, Ministry of Finance or their respective
representatives not below the rank of Joint Secretary. One representative of a
recognized body of commerce and industry will be a part time member.The
Council will, inter-alia, promote and encourage arbitration, mediation, conciliation
or other alternative dispute resolution mechanisms and for that purpose, will frame
policy and guidelines for the establishment, operation and maintenance of uniform
professional standards in respect of all matters relating to arbitration. The Council
will also frame policies governing the grading of arbitral institutions and
arbitrators and recognize professional institutes providing accreditation
of arbitrators.
iii. Grading of Arbitral Institutions and Arbitrators
The Council will make grading of arbitral institutions on the basis of criteria
relating to infrastructure, quality and calibre of arbitrators, performance and
compliance of time limits for disposal of domestic or international commercial
arbitrations, in such manner as may be specified by the regulations under the Act.
The qualifications, experience and norms for accreditation of arbitrators will be
such as specified in the Eighth Schedule to the Act.
v. Timelines under the Amendment Act
• Completion of pleadings: Section 23 has been amended to state that the

statement of claim and defence must be completed within a period of six
31
months from the date the arbitrator or all the arbitrators (as the case may
be) received notice, in writing, of their appointment.
• Arbitral award
In cases other than international commercial arbitration, the award will be

made by the arbitral tribunal within a period of twelve months from the date of
completion of pleadings. In the case of international commercial arbitrations,
the award may be made as expeditiously as possible and endeavour may
be made to dispose of the matter within a period of twelve months from the
date of completion of pleadings.
• Extension of time: Where an application for extension of time is pending, the

mandate of the arbitrator will continue till the disposal of the said application.
vi. Amendment to Section 34
Section 34 of the Act replaces the words "furnishes proof that", with
"establishes on the basis of the record of the arbitral tribunal that", to clarify
that the parties must rely on the record before the arbitral tribunal alone at the
time of challenge of an award.
vii. Amendment to Section 45
Section 45 of the Act, under Part II (power of Courts to refer the matter to
arbitration unless it finds that the arbitration agreement is null and void,
inoperative and incapable of being performed) has been amended to substitute
the words "unless it finds", with the words "unless it prima facie finds".
Qualifications and Experience of Arbitrators
32
A person will not be qualified to be an arbitrator unless he is/ has been:
(i) an advocate within the meaning of the Advocates Act, 1961 having ten
years of practice experience as an advocate;
(ii) a chartered accountant within the meaning of the Chartered Accountants

Act, 1949 having ten years of experience; (iii) a cost accountant within the
meaning of the Cost and Works Accountants Act, 1959 having ten years of
experience; (iv) a company secretary within the meaning of the
Company Secretaries Act,1980 having ten years of experience; (v) an officer of
the Indian Legal Service; (vi) an officer with law degree having ten years of
experience in the legal matters in the Government, autonomous body, public
sector undertaking or at a senior level managerial position in private sector;
(vii) an officer with engineering degree having ten years of experience as an
engineer in the Government, autonomous body, public sector undertaking or at
a senior level managerial position in the private sector or self-employed;
(viii) an officer having senior level experience of administration in the Central

Government or State Government or having experience of senior
level management of a public sector undertaking or a Government company or
a private company of repute; or
(ix) a person having educational qualification at degree level with ten years
of experience in a scientific or technical stream in the fields of telecom,
information technology, intellectual property rights or other specialized areas
in the Government, autonomous body, public sector undertaking or a senior
level managerial position in a private sector, as the case may be. The Schedule
also prescribes general norms applicable to arbitrators, including the following:
33
• The arbitrator must be impartial and neutral and avoid entering into any
financial business or other relationship that is likely to affect impartiality or
might reasonably create an appearance of partiality or bias among the parties;
• The arbitrator must be conversant with the Constitution of India, principles of

natural justice, equity, common and customary laws, commercial laws, labour
laws, law of torts, making and enforcing the arbitral awards, domestic and
international legal system on arbitration and international best practices; and
• The arbitrator should be capable of suggesting, recommending or writing a

reasoned and enforceable arbitral award in any dispute which comes before
him for adjudication.
ix. Confidentiality of the Arbitration Proceedings The arbitrator, the arbitral

institution and the parties to the arbitration agreement must maintain
confidentiality of all arbitral proceedings except the award where its disclosure
is necessary for the purpose of implementation and enforcement of award.
x. Application of the Arbitration and Conciliation (Amendment) Act, 2015 It

has been clarified that unless the parties otherwise agree, that amendments
made to the Act by the Arbitration and Conciliation (Amendment) Act, 2015
will not apply to the arbitral proceedings which commenced before
the commencement of the Arbitration and Conciliation (Amendment) Act,
2015 i.e., October 23, 2015.
Composition of Arbitral Tribunal
Number of arbitrators:-
34
1. If the parties have not previously agreed on the number of arbitrators, and if within
30 days after the receipt by the respondent of the notice of arbitration the parties have
not agreed that there shall be only one arbitrator, three arbitrators shall be appointed.
2. Notwithstanding paragraph1, if no other parties have responded to a party’s

proposal to appoint a sole arbitrator within the time limit provided for in paragraph 1
and the party or parties concerned have failed to appoint a second arbitrator
in accordance with article 9 or 10, the appointing authority may, at the request of a
party, appoint a sole arbitrator pursuant to the procedure provided for in article 8,
paragraph 2, if it determines that, in view of the circumstances of the case, this is
more appropriate.
Appointment of arbitrators
1. If the parties have agreed that a sole arbitrator is to be appointed and if within 30
days after receipt by all other parties of a proposal for the appointment of a sole
arbitrator the parties have not reached agreement thereon, a sole arbitrator shall, at the
request of a party, be appointed by the appointing authority.
2. The appointing authority shall appoint the sole arbitrator as promptly as possible. In
making the appointment, the appointing authority shall use the following list-
procedure, unless the parties agree that the list-procedure should not be used or
unless the appointing authority determines in its discretion that the use of the list-
procedure is not appropriate for the case:
(a) The appointing authority shall communicate to each of the parties an identical list
containing at least three names;
35
b) Within 15 days after the receipt of this list, each party may return the list to the
appointing authority after having deleted the name or names to which it objects and
numbered the remaining names on the list in the order of its preference;
(c) After the expiration of the above period of time the appointing authority shall
appoint the sole arbitrator from among the names approved on the lists returned to it
and in accordance with the order of preference indicated by the parties;
(d) If for any reason the appointment cannot be made according to this procedure, the
appointing authority may exercise its discretion in appointing the sole
arbitrator. Article 9
1. If three arbitrators are to be appointed, each party shall appoint one arbitrator. The
two arbitrators thus appointed shall choose the third arbitrator who will act as the
presiding arbitrator of the arbitral tribunal.
2. If within 30 days after the receipt of a party’s notification of the appointment of an

arbitrator the other party has not notified the first party of the arbitrator it has
appointed, the first party may request the appointing authority to appoint the
second arbitrator.
3. If within 30 days after the appointment of the second arbitrator the two arbitrators
have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall
be appointed by the appointing authority in the same way as a sole arbitrator would be
appointed under article 8.
Article 10
1. For the purposes of article 9, paragraph 1, where three arbitrators are to be

appointed and there are multiple parties as claimant or as respondent, unless the
parties have agreed to another method of appointment of arbitrators, the
36
multiple parties jointly, whether as claimant or as respondent, shall appoint an
arbitrator.
2. If the parties have agreed that the arbitral tribunal is to be composed of a number of
arbitrators other than one or three, the arbitrators shall be appointed according to the
method agreed upon by the parties.
3. In the event of any failure to constitute the arbitral tribunal under these Rules, the
appointing authority shall, at the request of any party, constitute the arbitral tribunal
and, in doing so, may revoke any appointment already made and appoint or reappoint
each of the arbitrators and designate one of them as the presiding arbitrator.
Disclosures by and challenge of arbitrators :-When a person is approached

in connection with his or her possible appointment as an arbitrator, he or she shall
disclose any circumstances likely to give rise to justifiable doubts as to his or her
impartiality or independence. An arbitrator, from the time of his or her appointment
and throughout the arbitral proceedings, shall without delay disclose any such
circumstances to the parties and the other arbitrators unless they have already
been informed by him or her of these circumstances.
Article 12
1. Any arbitrator may be challenged if circumstances exist that give rise to justifiable
doubts as to the arbitrator’s impartiality or independence.
2. A party may challenge the arbitrator appointed by it only for reasons of which it
becomes aware after the appointment has been made.
37
3. In the event that an arbitrator fails to act or in the event of the de jure or de facto
impossibility of his or her performing his or her functions, the procedure in respect of
the challenge of an arbitrator as provided in article 13 shall apply.
Article 13
1. A party that intends to challenge an arbitrator shall send notice of its challenge
within 15 days after it has been notified of the appointment of the challenged
arbitrator, or within 15 days after the circumstances mentioned in articles 11 and
12 became known to that party.
2. The notice of challenge shall be communicated to all other parties, to the arbitrator
who is challenged and to the other arbitrators. The notice of challenge shall state the
reasons for the challenge.
3. When an arbitrator has been challenged by a party, all parties may agree to the
challenge. The arbitrator may also, after the challenge, withdraw from his or her
office. In neither case does this imply acceptance of the validity of the grounds for
the challenge.
4. If, within 15 days from the date of the notice of challenge, all parties do not agree
to the challenge or the challenged arbitrator does not withdraw, the party making the
challenge may elect to pursue it. In that case, within 30 days from the date of the
notice of challenge, it shall seek a decision on the challenge by the appointing
authority.
Article 14 - Replacement of an arbitrator
1. Subject to paragraph 2, in any event where an arbitrator has to be replaced during

the course of the arbitral proceedings, a substitute arbitrator shall be appointed or
38
chosen pursuant to the procedure provided for in articles 8 to 11 that was applicable
to the appointment or choice of the arbitrator being replaced. This procedure shall
apply even if during the process of appointing the arbitrator to be replaced, a party had
failed to exercise its right to appoint or to participate in the appointment.
2. If, at the request of a party, the appointing authority determines that, in view of the
exceptional circumstances of the case, it would be justified for a party to be deprived
of its right to appoint a substitute arbitrator, the appointing authority may, after giving
an opportunity to the parties and the remaining arbitrators to express their views: (a)
appoint the substitute arbitrator; or (b) after the closure of the hearings, authorize the
other arbitrators to proceed with the arbitration and make any decision or award.
Article 15 - Repetition of hearings in the event of the replacement of

an arbitrator
If an arbitrator is replaced, the proceedings shall resume at the stage where the
arbitrator who was replaced ceased to perform his or her functions, unless the arbitral
tribunal decides otherwise.
Article 16 - Exclusion of liability
Save for intentional wrongdoing, the parties waive, to the fullest extent permitted
under the applicable law, any claim against the arbitrators, the appointing authority
and any person appointed by the arbitral tribunal based on any act or omission in con-
nection with the arbitration.
Salient features of Arbitration and Conciliation Act, 1996
The Arbitration and Conciliation Act, 1996 improves upon the previous laws
regarding arbitration in India namely the Arbitration Act, 1940, the Arbitration
39
(Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition
and Enforcement) Act, 1961.Further, the new statute also covers conciliation which
had not been provided for earlier. The Act also derives authority from the
UNCITRAL Model law on International Commercial Arbitration and the UNCITRAL
rules on conciliation. The Model law on International Commercial Arbitration was
framed after taking into consideration provisions regarding arbitration under various
legal systems. Thus, it is possible to incorporate the model law into the legal system
of practically every nation. The Act of 1996 aims at consolidating the law relating to
domestic arbitration, international commercial arbitration, enforcement of
foreign arbitral awards and rules regarding conciliation
The main objectives of the Act are as follows:
• To ensure that rules are laid down for international as well as domestic arbitration
and conciliation.
• To ensure that arbitration proceedings are just, fair and effective.
• To ensure that the arbitral tribunal gives reasons for its award given.
• To ensure that the arbitral tribunal acts within its jurisdiction.
• To permit the arbitral tribunal to use methods such as mediation and conciliation
during the procedure of arbitration.
• To minimize the supervisory role of courts.
• To ensure that an arbitral award is enforceable as a decree of the court.
• To ensure that the result of conciliation proceedings may be treated as arbitral

awards on agreed terms.
40
Legal Service Authority Act,1987
INTRODUCTION
Our Constitution has provided for many lofty goals mainly under Part III, dealing
with Fundamental Rights, and Part IV, dealing with Directive Principles of State
Policy. It is important to promote and preserve these values, and the observance
of ‘Constitution Day’ is a right step on that front.While Part III is enforceable in a
Court of Law, it is not the case with Part IV. It is not enforceable before a Court of
Law as provided under Article 37. However, the Constitution makes it clear
under Article 37 itself that the principles laid down in Part IV are fundamental in the
governance of the country and it shall be the duty of the State to apply these principles
in making laws.
MEANING:-
Section 2(c) of the Legal Services Authorities Act 1987 defines “Legal Service”.
Includes the rendering of any service in the conduct of any case or other legal proceeding
before any court or other authority or tribunal and giving of advice on any legal matter.
The main objects of the legal service authorities Act, 1987 are
1. To provide free legal service to the weaker section of the society and
2. to organize Lok Adalats
Legal Services Authorities are statutory bodies constituted in the states of India by
the Legal Services Authorities Act 1987, as enshrined by article 39-A of the
Constitution of India, for providing free legal services for the citizens. These
authorities give free legal aid to a person if he/she is not capable of bearing the among
the Directive Principles of State Policy, under Part IV, Article 39A that provides for
free legal aid deserves to be discussed with special importance. Unlike in the
41
inquisitorial system of justice, where the Judge is involved in fact findings for the case
before him; in India, we follow the adversarial system of justice where the Judge
becomes a neutral adjudicator between the defence and the prosecution. Here, the
Judge is involved only in determining the right or wrong and not finding the truth as
in the inquisitorial system. In such a system, if a person who is in dispute with the
State is not represented before a Court of Law, it will be contrary to the Constitutional
scheme of dispute resolution envisaged.Article 39A was added by the 42nd
amendment in 1976 and reads as follows: “The State shall secure that the operation of
the legal system promotes justice, on a basis of equal opportunity, and shall, in
particular, provide free legal aid, by suitable legislation or schemes or in any other
way, to ensure that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities.”Few years after the insertion of Article 39A
into the Constitution, in the well-known case of Hussainara Khatoon in 1979, the
Supreme Court had an opportunity to deal with the issue of legal aid and Article 39A.
In order to implement and monitor the scheme of the act various authorities are
established under the Act at the National, State and District levels.The following
various authorities established under the Act;
1. National Legal Services Authority (Central Authority)
2. Supreme Court Legal Services Committee
3. State Legal Services Authority
4. High Court Legal Services Committee
5. District Legal Services Authority
6. Taluk Legal Services Committee
Constitution of the National Legal Services Authority:-

(1) The Central Government shall constitute a body to be called the National Legal
Services Authority to exercise the powers and perform the functions conferred on, or
assigned to the Central Authority under this Act.
42
(2) The Central Authority shall consist of :-
(a) The Chief Justice of India who shall be the Patron-in-Chief;
(b) A serving or retired Judge of the Supreme Court to be nominated by the President, in
consultation with the Chief Justice of India, who shall be the Executive Chairman; and
(c) Such number of other members, possessing such experience and qualifications, as
may be prescribed by the Central Government, to be nominated by that government in
consultation with the Chief Justice of India.
(3) The Central Government shall in consultation with the Chief Justice of India, appoint
a person to be the Member-Secretary of the Central Authority, possessing such
experience and qualifications as may be prescribed by that Government, to exercise such
powers and perform such duties under the Executive Chairman of the Central Authority
as may be prescribed by that Government or as may be assigned to him by the Executive
Chairman of that Authority.
(4) The terms of office and other conditions relating thereto, of Members and the
Member-Secretary of the Central Authority shall be such as may be prescribed by the
Central Government in consultation with the Chief Justice of India.
(5) The Central Authority may appoint such number of officers and other employees as
may be prescribed by the Central Government in consultation with the Chief Justice of
India, for the efficient discharge of its functions under this Act.
(6) The officers and other employees of the Central Authority shall be entitled to such
salary and allowances and shall be subject to such other conditions of service as may be
prescribed by the Central Government in consultation with the Chief Justice of India.
(7) The administrative expenses of the Central Authority, including the salaries,
allowances and pensions payable to the Member-Secretary, officers and other employees
of the Central Authority, shall be defrayed out of the Consolidated Fund of India.
(8) All orders and decisions of the Central Authority shall be authenticated by the
Member Secretary or any other officer of the Central Authority duly authorised by the
Executive Chairman of that Authority.
43
(9) No act or proceeding of the Central Authority shall be invalid merely on the ground of
the existence of any vacancy in or any defect in the constitution of the Central Authority.
Functions of NALSA:
 To lay down policies and principles for making Legal Services available under the
provisions of the Act.
 To frame the most effective and economical schemes for the purpose of making
the legal services available under this act.
 To utilise the funds at its disposal and make appropriate allocations of funds to the
State authorities and District authorities
 To take necessary steps by way of social justice litigation with regard to consumer
protection ,environmental protection or any other matter of special concern to the
weaker sections of the society and for this purpose give special training to legal
workers
 To organise legal aid camps specially on rural areas, slums or labour colonies with
the dual purpose of educating weaker sections of society as to their rights as well
as encouraging of settling their disputes through Lok Adalats.
 To encourage the settlement of Disputes by ways of negotiation, conciliation and
arbitration
 To undertake and promote research in the field of legal services with special
references to need for such services among poor
 To do all things necessary for the purpose of ensuring commitment to the
fundamental duties of the citizens.
 To monitor and evaluate the implementation of the legal aid problems at specific
periodical intervals for independent evaluation of programmes and schemes
implemented.
 To provide grants in aid for specific schemes to various voluntary social services
institutes working at grass root level specially amongst SC and ST, women and
rural and urban labour.
44
 To develop programmes for clinical legal education and promote guidance and
supervise the establishment and working of legal services clinics in universities,
law colleges, etc.
Constitution of State Legal Services Authority -

(1) Every State Government shall constitute a body to be called the Legal Services
Authority for the State to exercise the powers and perform the functions conferred on or
assigned to, a State Authority under this Act.
(2) A State Authority shall consist of -
(a) The Chief Justice of the High Court who shall be the Patron-in-Chief;
(b) A serving or retired Judge of the High Court, to be nominated by the Governor, in
consultation with the Chief Justice of the High Court, who shall be the Executive
Chairman; and
(c) Such number of other Members, possessing such experience and qualifications, as
may be prescribed by the State Government, to be nominated by that Government in
consultation with the Chief Justice of the High Court.
(3) The State Government shall, in consultation with the Chief Justice of the High Court,
appoint a person belonging to the State Higher Judicial Service not lower in rank than
that of a District Judge, as the Member-Secretary of the State Authority, to exercise such
powers and perform such duties under the Executive Chairman of the State Authority as
may be prescribed by that Government or as may be assigned to him by the Executive
Chairman of that Authority; Provided that a person functions as Secretary of a State
Legal Aid & Advice Board immediately before the date of constitution of the State
Authority may be appointed as Member-Secretary of that Authority, even if he is not
qualified to be appointed as such under this sub-section, for a period not exceeding five
years.
45
(4) The terms of office and other conditions relating thereto, of Members and the
Member-Secretary of the State Authority shall be such as may be prescribed by the State
Government in consultation with the Chief Justice of the High Court.
(5) The State Authority may appoint such number of officers and other employees may
be prescribed by the State Government, in consultation with the Chief Justice of the High
Court, for the efficient discharge of its functions under this Act.
(6) The officers and other employees of the State Authority shall be entitled to such
salary and allowances and shall be subject to such other conditions of service as may be
prescribed by the State Government in consultation with the Chief Justice of the High
Court.
(7) The administrative expenses of the State Authority, including the salaries, allowances
and pensions payable to the Member-Secretary, officers and other employees of the State
Authority shall be defrayed out of the Consolidated Fund of the State.
(8) All orders and decisions of the State Authority shall be authenticated by the Member-
Secretary or any other officer of the State Authority duly authorised by the Executive
Chairman of the State Authority.
(9) No act or proceeding of a State Authority shall be invalid merely on the ground of the
existence of any vacancy in, or any defect in the constitution of the State Authority.
Functions of State Authority:.

The functions are -:
 To give legal services to person who deserve it.

 To conduct Lok Adalats
 To undertake preventive and strategic legal aid programmes.
Constitution and Functions of District Authority:
46
District Legal Services Authority is constituted in every District to implement Legal
Aid Programmes and Schemes in the District. The District Judge of the District is its ex-
officio Chairman.
Functions :-
 To co-ordinate the activities of Taluk Legal Services Committee and other legal
services in the district.
 To conduct LokAdalats in the district.
Constitution of Taluk Legal Service Committee and state its functions:

Taluk Legal Services Committees are also constituted for each of the Taluk or Mandal
or for group of Taluk or Mandals to coordinate the activities of legal services in the Taluk
and to organiseLokAdalats. Every Taluk Legal Services Committee is headed by a senior
Civil Judge operating within the jurisdiction of the Committee who is its ex-officio
Chairman.
Functions-:
 To coordinate the activities of legal services in the taluk.
 To organize Lok Adalts with taluk.
47
CONCLUSION
As it can be seen from the information provided above, there are various methods used to
resolve disputes between people. Nowadays, court proceedings are very time-consuming
and expensive, which makes the people look for something alternative. Alternative
Dispute Resolution and its methods appear to be an effective means of resolving disputes.
These methods are less expensive, confidential and not so time-consuming; and they get
much closer to the root of problems that need to be solved. Besides, the main goal of the
majority of types of ADR is to improve relationship between the disputing parties, to help
them reach an agreement. This is what distinguishes ADR methods from usual litigation.
There can be only one winning party after a court trial, while after conciliation, mediation
or negotiation all parties can be considered as winning, because there is no conflict
between them any more.Alternate dispute resolution involves methods of resolving
disputes other than through litigation. The methods are in addition to litigation and are by
no means intended to replace litigation. Even the strongest proponents of ADR agree that
certain matters must be resolved through the courts. However, there are other methods for
resolving dispute which offer many advantages over the adversarial route, which should
be explored before litigation is commenced or proceeds too far.Thus the ADR movement
needs to be carried forward with greater speed. This will considerably reduce the load on
the courts apart from providing instant justice at the door-step, without substantial cost
being involved. If they are successfully given effect then it will really achieve the goal of
rendering social justice to the parties to the dispute
48
PART-II
Lok Adalat Report
Taluk Legal Service Authority,

Neyyattinkara, [09-11-2019 ]
49
Introduction
Lok Adalat (People's Court) is one of the Alternative dispute resolution mechanisms in
India, it is a forum where cases pending on Panchayat or at Pre Litigation stage in a court
of law are settled. They have been given statutory status under the Legal Services
Authorities Act, 1987. Under this Act, the Award (decision) made by the Lok Adalats is
deemed to be a decree of a civil court and is final and binding on all parties and no appeal
against such an award lies before any court of law. If the parties are not satisfied with the
award of the Lok Adalat ( though there is no provision for an appeal against such an
award ), they are free to initiate litigation by approaching the court of appropriate
jurisdiction.
Meaning
The term Lok Adalat literally conveys the meaning of a people court or a panchayat in the
traditional sense of the term. But it is neither a people court in the socialist practice nor a
Panchayat in the Indian practice.In the Legal Service Authorities Act 1987, a Lok Adalat
has been given a peculiar status, not formerly known either in the western jurisprudence
or in the original jurisprudence.It is the universally admitted proverb of law and
jurisprudence that justice delayed is justice denied.
.In the Lok Adalats constituted or being constituted in different states up to high benches
and even up to the Supreme Courts level; the appointment of judges retired existing out of
the paper justice done said a land for employment of retired judges and of judge
Advocates of the same system much cannot be expected worth for the implementation of
the act.
A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or

settlement between the parties to a dispute in respect of
1. Any case pending before or
50
2. Any matter which is falling within the jurisdiction of, and is not brought before,
any court for which the Lok Adalat is organised.
The Lok Adalat can compromise and settle even criminal cases, which are compoundable
under the relevant laws.
Organization of Lok Adalat
The State Authority and District Authority, Supreme Court Legal Service Committee,
High Court Legal Service Committee and Taluk Legal Service Committee (mentioned in
Sec 19 of the Act) can organize Lok Adalat at such intervals and places as may be
deemed fit.
Every Lok Adalat so organised shall consist of
a) Serving or retired judicialofficers
b) Persons as may be specified
The experience and qualifications of “other persons" in a Lok Adalat conducted by

Supreme Court Legal Service Committee shall be prescribed by the Central government
in consultation with the chief justice of India. At present, Rule 13 of the National Legal
Services Authorities Rules 1995 prescribes such experience and qualifications as:
a) A member of the Legal profession or
b) A person of repute who is specially interested in the implementation of the

legal Service Schemes and Programmes, or
c) An eminent social worker who is engaged in the upliftment of weaker

sections of people, including scheduled Castes, Scheduled Tribes, women,
children, rural and urban labour.
d) The experience and qualification of ‘other persons’ mentioned in clause (b)

shall be prescribed by the state government in consultation with the chief
51
justice of High Court.
Powers of Lok Adalat
The Lok Adalat shall have the powers of a Civil Court under the code of civil
procedure, 1908 while trying a suit in respect of the matters:
a. Power to summon and enforce the attendance of any witness and to
examine him/her on oath.
b. Power to enforce the discovery and production of any documents.
c. Power to receive evidence on affidavit
d. Power for requisitioning any public record or document or copy there of
or from any court
e. Such other matters as may be prescribed
2. Every Lok Adalat shall have the power to specify its own procedure for
the determination of any dispute coming before it
3. All proceedings before a Lok Adalat shall be deemed to be judicial

proceedings within the meaning of S3.193,219 & 228 of IPC
4. Every Lok Adalat shall be deemed to be a Civil Court for the purpose of
S.195 and Chapter XXVI of CrPC
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PART-III
CASE REPORT
53
Case Report
As part of Course of Study the Students of 5 Semester Unitary LL. B from C.S.I. Institute
th
of Legal Studies, Cheruvarakonam had attended the Lok Adalat. We participated in the Lok
Adalat held on 09/11/2019 conducted by Taluk Legal Service Authority, Neyyattinkara,
Thiruvananthapuram. In this Lok Adalat so organised shall consist of,
● Presiding Officer : G. Vasanthakumari ( Retired District Judge ).
● Panel Lawyer : Adv. Devadas.
● Secretary : Gangadhar Kesavu Thampi.
● Para Legal Volunteers : Salsudha, Beena, Deepthi.
Here the Lok Adalat had 55 cases, of those, 17 cases were called and 3 cases were settled.
In this disputes like partition suits, damages, matrimonial cases and money suits can also be
easily settled before Lok Adalat, as the scope for compromise through an approach of give and
take is high in these cases. A Lok Adalat can take up civil cases (including marriage, and family
disputes) and compoundable criminal cases. From this some of the cases are mentioned here.
54
CASE -1
Permanent Lok Adalat by the Taluk Legal Service Authority
Neyyatttinkara court complex under section, 19 of the Legal Service
Authorities Act, 1987.
This is the 9th day of November 2019
1.Name of the judicial officer : Vasantha Kumarai.G
2. Name of the panel advocate : Adv.Deva Das
3. Name of the social workers : Salsudha, Beena, Deepthi
PETITIONER: Vijayan PLP NO: 1200/19

RESPONDENT: District co-operative Bank, Aruvippuram
Notice was issued to both the parties to be present before the Taluk Legal Service
Authority Neyyatttinkara court complex
Facts of the case

The Petitioner filed a money suit for Rs 10,00,000 (Rupees Ten Lakhs). The petitioner
denied the loan taken by him from the said Respondent.
Arbitrator asked the respondent to give their proof. The respondent produced all
documents submitted by the petitioner.
ORDER/JUDGEMENT
Both the parties were present before the judicial officer on the hearing date. After
hearing the respondent and petitioner and as per petitioners request the respondents
agreed to wave the interest of 3 lakhs rupees for 10 lakhs loan amount the judicial officer
ordered the petitioner to pay the amount at the bank Adalat within one week from the
date of order .Matter settled and case closed.
55
CASE – 2

Neyyattinkara court complex under section, 19 of the Legal Service
1. Name of the judicial officer : Vasantha Kumari. G

2. Name of the panel advocate : Adv. Deva Das
PETITIONER: Marianesham PLP NO: 1217/19
RESPONDENT: Subash
Both the parties were issued notice to be presented before the Taluk Legal Service
Authority Neyyatttinkara court complex
Facts of the case
Respondent was into a dairy farm business. The improper disposal of cow dung, urine
and other food wastes were causing pollution and contaminated the well of the petitioner.
The Respondent told that he has already taken steps to prevent pollution. He had kept
separate barrels to store the cow dung, urine and other wastes. Due to the complaints of
the neighbours he had sold his cows and only three are left. The respondent was about to
sell the remaining three cows. The Petitioner told that there are 10 cows at present. The
cow dung has been stored near the compound wall and it is oozing through the soil to the
56
petitioner’s land.Judicial Officer asked how the petitioner saw the matters happening
outside her compound wall and within the respondent’s compound.
ORDER/JUDGEMENT
Both the parties were present on the hearing date before the judicial officer . Respondent
was directed to comply as per the terms agreed between parties. The matter stood settled
as the Respondent agreed to clear the entire nuisance. One of the social worker Salsudha
was given the charge to issue notice, visit the site and take photographs and to report the
count of the cows in the respondent’s cattle and to check that the respondent abides by
the order. Hence the case is settled.
57
CASE- 3

Neyyattinkara court complex under section, 19 of the Legal Service
1. Name of the judicial officer : Vasantha Kumari. G

2. Name of the panel advocate : Adv. Deva Das
PETITIONER: Sreekumari PLP NO: 3009/19

RESPONDENT: Jayaprakash
Notice is issued to both the parties to be present before the Taluk Legal Service
Authority Neyyatttinkara court complex.
Facts of the case

The Petitioner had suffered injury and substantial loss by purchasing a plot from the
respondent by a sale deed. The title of the respondent was defective and some other
person claiming the ownership.
The Judicial Officer asked the petitioner about the real matter in issue. As explained by
the petitioner, the respondent’s father claimed that he was the real owner of the land and
the respondent got possession through misrepresentation and fraud. The respondent’s
father had filed a suit under the Citizenship Act against the respondent. The Judicial
Officer observed that the sale would be set aside as it is void and asked to compensate the
petitioner. The Judicial Officer enquired about the count and details trees in the plot. The
petitioner reported that there were four yielding coconut trees.
The respondent offered to pay, upon humanitarian consideration, Rs.25000/- for settling
the matter. The petitioner disagreed. The respondent argued that the claims by the
petitioner were frivolous.
Panel Lawyer explained to the respondent that the petitioner’s claim was rightful and she
would succeed if decided by a court of law. The Judicial Officer again asked the
compensation amount the respondent would give tot the petitioner. The respondent told that he
would pay whatever amount the Judicial Officer would award. The Judicial Officer explained
58
that under the system of Lok Adalat the parties shall arrive at a compromise. Then the
respondent told that he would pay Rs.30000/-. It was again turned down by the petitioner.
The Petitioner argued that the respondent told earlier that he would pay Rs.40000/-.The
respondent was furious and replied that he would give the amount as a charity and not as
compensation. The Judicial Officer again told that the cases referred to Legal Services
Authority are indented to be settled amicably with consensus of both the parties. The
respondent agreed it to be a compromised settlement.
Order
Both the parties were present. The matter stands settled. The Respondent promised that
he will give Rs.40000/- as compensation. Further, if amount is paid through a cheque,
the details of the same to be handed over to the Judicial Officer.
Conclusion
The Legal Service Authorities Act 1987 makes provision for the establishment of Lok
Adalat to provide for free and competent legal services to the poor and weaker section of
the society to ensure justice on the basis of equal opportunities. The main object of the
creation of the Lok Adalat is to provide speedy justice to the poor at less expense
59
PART-IV
LEGAL SURVEY
ON AIR POLLUTION CAUSED BY

CASHEW NUT FACTORY
60
Introduction:
Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside
of the courtroom. ADR typically includes early neutral evaluation, negotiation,
conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of
litigation, and time delays continue to plague litigants, more states have begun
experimenting with ADR programs. Some of these programs are voluntary; others are
mandatory.
While the two most common forms of ADR are arbitration and mediation, negotiation is
almost always attempted first to resolve a dispute. It is the prominent mode of dispute
resolution. Negotiation allows the parties to meet in order to settle a dispute. The main
advantage of this form of dispute settlement is that it allows the parties themselves to
control the process and the solution
The survey considers to provide an overview of how ADR schemes operate in private
sector factories. The Survey aims to research the sentiment of the community as a whole,
and not just the views of any particular group within it. Hence the social important topic
selected is that of The Air pollution caused in the nearby areas of a cashew factory in
the rural areas of tholady and working out of the principles of ADR buy conducting a
field survey inside and outside the cashew factory in tholady, Thiruvananthapuram,
Kerala State. As the factory is located in the rural suburbs the place is not much
populated moreover the people living here depend on this cashew factory as most of
them are labours there.. In the cashew nut roasting process, thick black smoke is released
from the rotating roasting drum through the stack. Air emissions in the form of thick
black smoke are the major pollutants generated from the cashew nut units. Borma heater
is also a source of air pollution at the place. Cashew nut processing involves the hazards
of both air pollution and indoor pollution; the former burns away our planet Earth and the
latter affects the health of the factory workers engaged in different processes. The present
61
study deals with both the occupational health hazards involved in cashew nut processing
and the air pollution caused in the surrounding areas.
Objectives of the study
 To survey the industrial activity present in the area polluting the surroundings
 To survey the effect of pollution in the near by areas of the factory
 To examine the health issues of workers of cashew nut factory due to
occupational hazardous.
 To understand the method used to settle the disputes arising out of this air
pollution issue.
Scope of the study
The study mainly focuses to learn about the dispute resolution method used inside and
out side the factories ,outside in the sense regarding the dispute resolution methodology
taken up by the people in case of dispute arising in the surrounding area of the factory
due to air pollution.
Methodology
The alternative dispute resolution methodology used inside and outside the cashew nut
factory in tholady Thiruvananthapuram kerala state, has been worked out and accordingly
and questionnaire was prepared providing an opportunity to update and expand based on
the information provided. The article presents and analyses the answers of the 10 survey
respondents who have answered to the 10 survey questions related to the types of ADR
they offer, the challenges they encounter and the solutions they recommend. The
responding persons are located in this area and serve different functions.
Insight into the survey
As per the survey conducted and based on the response of the people staying near by the
factory with regard to the air pollution .Their was a great amount of pollution last year
62
which resulted in number of health issues likes breathing difficulties ,asthama,chest pain
,cronic cold ,skin allergies, .looking at the conditions of the workers in the work place
,female workers outnumber the male workers not only in this place but almost all cashew
nut factories female workers are more in number and due long hours of work Pain in the
leg/hand/knee/neck/joints and body pain are the most reported health problems. Female
workers reported more problems than male workers. Though the workers were reluctant
to disclose information about reproductive diseases during the survey, during the in-depth
interviews female workers pointed out uncomfortable sitting posture as a probable cause
of such diseases.
Cashew nut factory
male workers
female workers
Fig-showing % of male workers and female workers.
Most of the workers reported the absence of a complaint redressal mechanism in the
workplace. Such a mechanism exists only in the factories of the KSCDC (Kerala State
Cashew Development Corporation). A complaint box is available, which is opened every
week. But much changes didn’t happen through it. The workers collectively resorted to
an conciliator and reported some instances thus positive action was taken on complaints
63
registered by the workers. For instance, one worker in a factory told us that an issue of
improper waste
management, which had created problems for the workers, was solved through such
a mechanism. Thus one of the forms of dispute resolution methods has been collectively
used in the factory since then for meeting the arising disputes of the workers.
The other report we came across was that of when the local people surrounding the
factory area reportedly told the factory owners about the increased emission from the
factory that is becoming a grave matter of concern among the residents as this emissions
are causing breathing difficulties in children and increasing the risk of health diseases but
the owners seem to be reluctant to it and the residents approached the panchyath
collectively and registered the complaint with the Panchayath and the Panchayath therein
tried to solve the issue but it didn’t go well thus they put the matter in the adalath
arranged by them on Tuesdays a conciliator resolved the issue by reformulating the terms
of possible settlement in the light of observations required to curb the issue and the
factory took effective measures to control the emissions since then there is a control over
the emissions from the factory .Thus Alternative dispute resolution system is seen to be
applied in vivid areas of disputes.
The other matter that came to our notice was that of a section of the workers
Complaining about unreasonable deductions made in their wages. Male workers did not
make any such complaints but the raised about another issue that is workers reported not
having sufficient lighting and reportedly work in spaces lacking proper ventilation.
Sufficient toilets and spaces for cleaning/washing are also available in the factories. But
the problem with toilets and the bathroom/space for cleaning/washing is not related to the
availability but their cleanliness. Many of the workers whom we interviewed reported
that the toilets and washing places are unclean. This is a major concern for the workers.
Another -heard complaint is that and While doing shelling or cutting, the cashew nut
shell liquid may fall on the hands of the workers, which in turn can develop black spots
64
on the skin. It can also cause dryness in the skin. Thus these were the issues that we
reportedly came across in our survey.
Data Analyses and Interpretation
Now presenting the outcomes of the survey this data shows the pollution levels for past 2
years and health issues faced by the people due to the air pollution caused from the
factories emissions .comparing the previous year and the present year.
YEAR (2017-2019) AIR POLLUTION LEVEL REPORTED HEALTH

ISSUES
75%-80% 68%
2017-2018
50%-60% 35%
2018-2019
TABLE-1 Representing the %of air pollution caused by the cashew factory in the year
2017-2019
The following chart will represent the percentage of air pollution caused in the previous
two years resulting in increase of number of health related issues by the people living in
the surrounding of the cashew factory and by the workers employed in the factory.
65
90%
80%
70%
60%
50%
Air pollution levels
40% Health related issues
30%
20%
10%
0%
2017 2018 2019
Fig;1-chart showing levels of air pollution and health related issues.
HEALTH ISSUES %OF WORKERS AND RESIDENTS

SUFFERING
Leg/knee/hand pain 70%
Back pain 59.2%
48.2%
Neck pain
22.2%
Allergy
8.1%
Asthma/Bronhitis
TABLE-2 showing the % of health issues faced by both workers and residents.
66
Health issues faced by both workers and
residents
80.00%
70.00%
60.00%
50.00%
40.00% Leg/Hand/knee pain
30.00% Back pain
20.00%
Neck pain
10.00%
0.00% Allergy
Asthma/Bronhitis
Fig;2 chart showing health issues in both workers and residents.
Findings
 In the area the highest rate of reported health issue is asthma and almost half of the
residents living near the cashew factory suffer due to this disease caused by air
pollution
 Other major portion of people suffer from back, leg, hands pain and it is mostly
suffered by the workers in the factory.
 There is a decrease in the number of health issues in the present year
 The factory management has looked into the matter of air pollution and is seen to
taken effective steps for it.
 The area people are very much aware about the different forms of Alternative
dispute resolution systems existing for resolving disputes arising out of the various
matters.
 The workers and the factory is seen implement various forms of alternative dispute
resolutions both inside and outside the working space.
67
SUGGESTIONS
The lack of research, into various areas the involving various issues that need
further research. Those were for instance an investigation into alternatives to ADR
methods the effectiveness of ADR, the creation of more effective and proactive
steps to implement ADR in various areas that lack some strong form of dispute
resolution method.
 Preparation of alternative dispute settlements should be a neutral process, but
unfortunately this is not always the case. In most of the cases it is indicated that
there should be more knowledge and a stronger data gathering focus to improve
the fairness of the dispute resolution process.
 Improvements in agreement / judgment: Several respondents agreed that there
needs to be a stronger willingness of the parties to participate in the ADR
processes. Trust building between parties is important in this regard. This often
goes hand in hand with trust in the neutrality of the arbitration authority. Some
organisations suggested intercultural services as a means to curtail the gap in
understanding and tolerance between the disputants.
 Even though arbitral awards are de jure recognized and enforceable in most
countries globally, they need to be more efficiently applied in practice, and better
understood. Arbitration solutions are binding by means of an agreement or a
contract submitted to the parties before the start of proceedings. This ultimately
requires statutory enforcement measures via formal judicial systems if (one of) the
parties does not meet the agreed conditions.
 Create Awareness: the public and every individual have not taken this issue as
serious and have poor awareness about the ADR FOR using them for purposes.
Thus there by creating an effective awareness about the ADR can people to go for
settlement of disputes in an speedy manner rather than going by the way old
traditional forms of litigation that might take years to bear the fruit.
68
CONCLUSION
Thus we find that though their are more efficient and non hazardous methods of cashew
processing, most of the factories run on old and cheaper technique which are hazardous
to both environment and workers involved. Thus their requires a more insight into
curbing the pollution methods and the disputes arising out of the pollution caused out in
the stretches of the near by area were by making it difficult for the people to make a
peaceful living as guaranteed by the constitution .As disputes over such issues keep
arising until the issues of pollutants causing difficulties for the people to live arises. So
more proactive steps must be taken and more dispute resolution methods shall be
implemented there by making people aware about the speedy method of settling the
dispute rather than going by the conventional methods of litigation which is much time
consuming and expensive whereas the alternative dispute resolution machinery’s are cost
effective and very less time consuming were by a solution that is required in the present
situation can gained by the parties applying for it.
Thus survey gives us more insight into the dispute resolution techniques adopted by the
factories and the methods people cling to resolve the disputes .It also helped us to
understand how ADR has organised the working in a factory and solved the issues of the
workers. The settlement of disputes in LokAdalat quickly has acquired good popularity
among the public and this has really given rise to a new force to ADR and this will no
doubt reduce the pendency in law Courts. There is an urgent need for justice dispensation
through ADR mechanisms.
The ADR movement needs to be carried forward with greater speed. This will
considerably reduce the load on the courts apart from providing instant justice at the
door-step, without substantial cost being involved. If they are successfully given effect
then it will really achieve the goal of rendering social justice to the parties to the dispute.
69
PART –V
ROLE PLAY
70
PROBLEM
Ravi and Dev are neighbors. Ravi owns 10 cents land in the western part and dev owns
10cents land in the western part and dev owns 10cents land in eastern part. In the
southern part of the two lands there is a panchayat road and in northern part there is a
field. For making the compound wall in the western part of the land Ravi measured the
land. It was noticed that there was only 9cents and 1cent was encouraged by Dev.
According to Dev he did not encroach upon Ravi’s land. There arises a dispute resulting
in Ravi approaching the court. The courts forward the matter for mediation with the
consent of the parties.
CHARACTERS
Petitioner (Ravi) : Siddarth
Respondent (Dev) : Sona Balan
Mediator : Nisha
Panel Lawyer : Reshmi.S
Social Workers : Selva Prabha
Shanmuga Priya
71
OPENING STATEMENT
[Mediator, Social Worker and Panel lawyer are seated at their respective cabin, at
mediation centre finds both parties entering]
Mediator : Greetings
Petitioner : Good Morning Sir
Respondent : Good Morning Sir
Mediator : Please have your seats
Now you please tell me your names
Petitioner : Sir I am Ravi
Respondent : Sir I am Dev
Mediator : Oh! Well I am RakeshVarma and I am the mediator and he is

Mr.mukesh our panel lawyer and he is Mr.suresh our social worker.
So as I said before I be your mediator today and we all very pleased
to help you in any manner to sought out in difference between
petitioner and respondent and I hope you may know, about the
session you are going to be a part of it.
Petitioner : Ok Sir
Respondent : Ok Sir
Mediator : Please explain the matter in brief
Petitioner : Sir, Dev and I are neighbors and we are living adjacent to each
other in katrakada. I had 10 cents of land and I decided to build a
72
compound wall in the western part of my property. For that purpose
I measured the property and I noticed that there is only 9cents of
land and 1cent land was encroached and I am sure that this act is
done by Dev.
Mediator : Dev what is your statement on what Ravi has said.
Respondent : Sir as Ravi claims, no such encroachment into his property is done
by me. His claim is not correct.
Social Worker : Sir the place from where they are coming, I also belong to that
place, many such issues of encroachment are reported but, and as far
as on my opinion I know both of them and they are good neighbors
and do not have any past feud.
Mediator : The main object of this mediation is to bring an amicable

settlement in a manner which is ………….. to both of you. And I
hope both of your willing to settle the matter.
Petitioner : Yes Sir, I am willing.
Respondent : Yes Sir.
Mediator : As both of you are willing let’s look into the needs of both of you
to arrive at a settlement.
Panel Lawyer : Well our goal here is to reach a binding settlement and it can be
achieved only if both of you arrive at a mutually acceptable
agreement.
Mediator : After hearing the facts of subject matter before me I find that the
allegation is an element of trespass.
Petitioner : Sir I am living in this place since 10 years and I have never faced a
situation like this before.
73
Mediator : Yes.
Panel Lawyer : So the issue is regarding the 1cent of property on the western side
of Ravi’s property.
Mediator : Was there any sought of iron fencing present before.
Respondent : Yes! Sir I have fenced my property very long back.
Petitioner : In my property no fencing was present and my property was all

open, that’s why I decided to build a compound wall and out of 9
cents my 1cent is short. I thoroughly believe that dev has encroached
my 1cent of land and there is no other way that the property would
be reduced by 1cent, dev has encroached my property and made iron
fencing trespassing into my property.
Mediator : Ok! So Dev what is your say on Ravi’s statement?
Respondent : Sir As Ravi said my property is adjacent to his and my iron fencing
is 8years old, and before making the fence I have correctly
measured, my property and I have not trespassed upon Ravi’s
property or have made any fence in the alleged plot.
Mediator : Dev strongly says that there is no trespass committed by him.
Ravi (petitioner) : He constructed the fence in my absence.
Dev (defendant) : Eventhough, I constructed the fence in Ravi’s absence, I have not
done Any sought of encroachment.
Ravi (petitioner) : sir! As per the records and sale deed, it is correctly recorded that I
have 10 Cents, in total. But now it is only a unit when measured.
Mediator : See Dev! The records are clearly, states that Ravi has 10 cents of
land and as measured now 1 cent short off.
74
Dev (defendant) : Sir! I did measured my property but as Ravi is claiming about 1cent
Which short off, but which while construction there happened to be
Slight differences In placement of the wall. It was not wilfully done. And
it that is the case, I am ready to pay compensate to Ravi for the land.
Mediator : Both parties! Are you ready for the settlement?
Ravi (petitioner): yes, But I want my property to be restored to its earlier measurement.
Dev (defendant): sir! As there is a fence already there it will be difficult and is a great
loss for me to remove it now about the amount for 1 cent to be given to
Ravi?
Mediator : Ravi, Dev is asking whether you are willing to pay the market value of
the 1 cent land?
Ravi (petitioner): No sir! I want it to be restored.
Dev (defendant): sir! It causes loss for me. But i am willing to compromise 1/2 cent of
land.
Mediator : Ravi, do you agree with suggestion raised by Dev?
Ravi (petitioner): ok if i am getting half cent property demand the amount of
compensation for the other half cent.
Dev (defendant): Sir! By receiving both half cent each we both will not be benefited, as
even For giving half cent .I have to remove the fencing. How about
giving the whole amount for one cent. as after Ravi receiving half cent
there want be benefit either for him. It he want to sell it in failure so, is
he willing to get the amount for one cent?
Mediator: So what is your opinion Mr, Ravi as Dev has pointed out that there want
be benefit for both of you if half cent is received by you both, and he is
75
very much willing to give you the amount for 1 cent? So are you willing
to get the market value of the amount?
Ravi (petitioner): Yes, I accept Dev’s suggestion. and willing ready to accept the amount
for 1 cent.
Mediator :so you both are willing to get the fix the return for the 1 cent of property.
is It? So now are you both satisfied with the settlement?
Dev (defendant): yes sir, I am satisfied. Thank You sir. Thank You Ravi
Ravi (petitioner): I also agree sir, Thank you so much.
Mediator : Ok thanking you both of you for this case is amicably settled.
Both parties present matters settled as per terms agreed between parties
76
BIBLIOGRAPHY
Books and reference
1. Dr. S.R. Myneni, “Arbitration, Conciliation and Alternative Dispute

Resolution Systems, I edition, 2004, Pg No. 18
2. F.S. Nariman, :Alternative Dispute Resolution”, I edition, 1997, Pg No. 45
3. 11.Aswanie Kumar Bansal, Forword By Dr. Bhardwaj, Arbitration and
ADR, 2005, Universal Law Publishing Co. Pvt. Ltd.
4. 12.Avtar Singh, Law of Arbitration and Conciliation, 7 edition, 2005,
th
Eastern Book Company.
Websites
1. http://www.gktoday.in/alternative-dispute-resolution. Visited on 23/11/2019.
2. http://www.ebcindia.com/lawyer/article/2002vla3.htm. Visited on
24/11/2019.
77
PART-VI
INTERNAL EXAMS -I&II
78
APPENDIX
79
QUESTIONNAIRE
1. Since how may years has this cashew factory has been functioning?
- More than 10 years.
2. How was the pollution level at the early functioning stages of factory lesser?
(a)yes (b) no
3. how is the pollution level in the last two years? Is there stark increase?
(a)yes (b) no
4. Whether any complaints made regarding this issues in the past years?
(a)yes (b) no
5.Whether any steps taken to solve this issue?

(a)yes (b) no
6.what is the dispute resolution method used inside the factory?

(a)negotiation (b) mediation (c)conciliation
7.Whether this dispute resolution method is effective?

(a)yes (b)no
8.Whether you are satisfied with the judgement pronounced through this dispute
resolution ?
(a)yes (b) no
9.What \was method used to solve the air pollution issue complained by the residents ?
-Adalat
10. where to people aware about different forms of dispute resolution methods other than
courts?
(a)yes (b) no
80
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CSI INSTITUTE OF LEGAL STUDIES,

ALTERNATE DISPUTE RESOLUTION

CSI INSTITUTE OF LEGAL STUDIES

I hereby certify that, the candidate S.NISHA with Register No 47417555027

This is to certify that this record on “ALTERNATE DISPUTE

I, hereby declare that this work record on “ALTERNATE DISPUTE

Place: Parasala S.Nisha

Words are inadequate to express my indebtedness and deep sense of

I am thankful to CSI Institute of Legal Studies parasala Thiruvananthapuram. My

CONTENTS TITLE PAGE

PART-I A STUDY ON ALTERNATE DISPUTE RESOLUTION

ARBITRATION AND CONCILIATION ACT, 1996

ARBITRATION AND CONCILIATION (AMENDMENT)

PART-II LOK ADALAT REPORT

PART-III CASE REPORT

PART-IV REPORT ON LEGAL SURVEY

PART-V ROLE PLAY

PART-VI INTERNAL EXAM-I

INTERNAL EXAM -II

APPENDIX Certificates of Lok Adalat

Questionnaire of Legal Survey

This practical training work on Alternative Dispute Resolution is submitted as a

An ADR mechanism mainly focuses on delivering justice through mutual consent of

Arbitration, a form of Alternative Dispute Resolution(ADR), is a way to resolve

Arbitration can be either voluntary or mandatory (although mandatory arbitration can

Advantages and Disadvantages

Parties often seek to resolve disputes through arbitration because of a number of

• In arbitral proceedings the language of arbitration may be chosen, whereas in

Some of the disadvantages include:

• Arbitration agreements are sometimes contained in ancillary agreements, or in

• Although usually thought to be speedier, when there are multiple arbitrators on

• Arbitrators are generally unable to enforce interlocutory measures against a party,

• Unlike court judgments, arbitration awards themselves are not directly

• Appeal provision has very limited application

• Procedures which necessarily lead to a determination which the parties to the

Arbitration agreements are generally divided into two types:

• Agreements which provide that, if a dispute should arise, it will be resolved by

Different kinds of Arbitration

Types of arbitration that are primarily recognized in India on the basis of

a. Institutional arbitration:-An institutional arbitration is one in which a

Advantages of institutional arbitration

• The availability of pre-established rules and procedures which ensure the

• Administrative assistance from the institution, which will provide a

• A list of qualified arbitrators to choose from;

• Assistance in encouraging reluctant parties to proceed

b . Adhoc arbitration:-An ad hoc arbitration is one which , parties will

Advantages of ad hoc arbitration

A properly structured adhoc arbitration should be more cost effective, and

Disadvantages of ad hoc proceedings

Parties wishing to include an ad hoc arbitration clause in the underlying contract

• Incorporating statutory procedures, such as the English Arbitration Act of

• Adopting an ad hoc provision from another contract. These options

c. Domestic arbitration:-Domestic Arbitration is a form of ADR

d. International arbitration:-International arbitration can take place

1. The matter relates to dispute

2. Such disputes have arisen out of legal relationships.

3. Such legal relationships may or may not be connected.

d. Conciliation:-Conciliation is an alternative dispute resolution(ADR)

e. Mediation:-An Alternative Dispute Resolution is an outcome of all such

Principles of the mediation

Parties should participate voluntarily:-It is necessary that no one should

Confidentiality matters in the process

Mediators are impartial