• Muskaan Chugh

When we talk about litigation as a tool for resolving disputes it is way more time consuming, emotionally draining and a costly affair then methods of ADR. No one wants to invest this amount of mental and physical inputs in an act which they aren’t sure of. Regular litigation is very unpredictable in terms out of the outcome and it cannot be what a party expects or want but that’s not the case with ADR and it’s more like a compromise wherein both the parties come to a common ground. When we talk about ADR mechanisms it is also very important as to why these methods are accepted globally and play a vital role in commercial field. There are three main reasons as to why parties opt for ADR mechanisms. Firstly, the parties in cross-border transactions may not be familiar with local laws and thus it becomes easier for them to resolve the disputes through ADR mechanisms without getting into the details of the legal system of which each party is from. Secondly, ADR mechanisms are very time and cost effective which is very important for every party who is in a dispute. Thirdly, dispute resolution mechanisms such as arbitration, mediation and conciliation do not ‘side-track’ but rather ‘pull-centre’ the element of neutrality and non-arbitrariness in the dispute settlement procedure, making it convenient for parties to arrive at unbiased outcomes so that commercial relations between parties can be taken forward, healthily.

"Exploring the classical Approaches to Arbitration", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.11, Issue 4, page no.j162-j166, April-2024, Available :http://www.jetir.org/papers/JETIR2404919.pdf

"Exploring the classical Approaches to Arbitration", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.11, Issue 4, page no. ppj162-j166, April-2024, Available at : http://www.jetir.org/papers/JETIR2404919.pdf