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Alternative Dispute Resolution in India (ADR) — Revision Notes

CBSE · Class 12 · Legal Studies

Alternative Dispute Resolution in India (ADR) revision notes for CBSE Class 12 Legal Studies: 4 topics in quick points.

5 concepts

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A comparison chart highlighting the key differences between adversarial and inquisitorial legal systems, focusing on the role of parties, lawyers, and judges, and their typical adoption in common law
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Key Topics to Revise

1

Adversarial vs Inquisitorial Systems

  • Adversarial system: Parties develop their own case theory, lawyers play proactive roles, judges remain passive decision-makers
  • Inquisitorial system: Judges take centre-stage, actively determine facts and evidence presentation methods
  • India follows the adversarial system inherited from British colonial legal framework
2

Introduction to ADR and Court Problems

  • ADR aims to provide alternatives to conventional court dispute resolution methods
  • Historical roots in Vedic age institutions: Kula, Shreni, Puga tribunals
  • Modern ADR gained statutory recognition through Arbitration and Conciliation Act, 1996 and Legal Services Authority Act, 1987
3

Benefits and Types of ADR

  • Key benefits: Time-efficient, cost-effective, informal procedures, flexible timing and venue
  • Technical expertise selection possible, non-lawyer neutrals allowed
  • Direct party participation increases satisfaction and compliance
4

Arbitration

  • Governed by Arbitration and Conciliation Act, 1996, influenced by UNCITRAL Model Law
  • Process: Notice → Arbitrator selection → Statement of claim → Counter-claim → Proceedings → Award
  • Types: Domestic, Foreign, Ad-hoc, Institutional, Statutory, International Commercial

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Full Notes

Key Concepts

Adversarial systems rely on partiesADR encompasses nonA private dispute resolution process whereA facilitative process where a neutralSimilar to mediation but with

Frequently Asked Questions

What are the important topics in Alternative Dispute Resolution in India (ADR) for CBSE Class 12 Legal Studies?
Key topics in Alternative Dispute Resolution in India (ADR) include Adversarial vs Inquisitorial Systems, Introduction to ADR and Court Problems, Benefits and Types of ADR, Arbitration. Study these first, then practise questions on each for the CBSE Class 12 board exam.

Sources & Official References

Content is aligned to the official syllabus. Refer to the board website for the latest curriculum.

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