Alternative Dispute resolution

Ans: Section 26 of the Hindu Marriage Act, 1955 The provisions stipulated under Section 26 of the Hindu Marriage Act addresses the education and the maintenance of the child only when both the parents are followers of the Hindu religion. Under this law, the orders can be passed at any juncture of time, overriding the pending decree within a period of 60 days from the date of service of notice. 

Ans: Custody of child under Christian law The custodial rights of a child after the separation of a Christian parent is dealt under the regulations set in the provisions under Section 41 of the Divorce Act, 1869.  Section 41 of divorce act mentions about the power to make orders as to custody of children in suit for separation. The child’s welfare plays a vital role as the parents have to prove themselves capable of the responsibility of rearing the child. The court may deny custody in case it is not satisfied with the abilities of the parents.  x

Ans:  Custody under Parsi law:  The custody rights are managed by the  Guardians and Wards Act, 1890. The Act primarily aims at the betterment of the child and has multiple legal provisions to ensure the same. 

Ans: Multi-tier dispute resolution is an approach to speed up the dispute resolution process by attempting a solution even before the commencement of arbitration proceedings. Mandatory pre-arbitration steps like mediation, negotiation, conciliation, or expert determination are combined with arbitration in the form of a multi-tier dispute resolution clause. Having such a clause in the contract also places the onus on the parties to go through these alternative procedures before commencing arbitration. Suppose the parties decide to opt for arbitration without trying these alternative procedures, the arbitration award's implementation could run into problems owing to noncompliance with the procedure set in the multi-tier arbitration agreement. The advantage of having such multi-tier dispute resolution clauses is that should these procedures yield a result, the settlement between the parties - besides being cheaper than arbitration proceedings - can then be captured in the form of a se...

Ans: In case of litigation in a court, the parties have no control over the timing or the procedures since these are decided by the court. The greatest advantage of arbitration over litigation is the fact that the parties to the contract can decide the complete procedure for arbitration, thereby allowing for more flexibility and control of the entire dispute resolution process when compared to a court. In the process of arbitration, the parties to the contract can decide the complete procedural rules applicable to every stage and every aspect of the arbitration proceedings. The parties also have the option to select an arbitrator based on an agreement between themselves or based on the recommendation by an arbitral institution. They may even ask the court to appoint an arbitrator. Such factors ensure a much faster and more effective resolution of the dispute compared to a court of law. Arbitration also ensures confidentiality, unlike litigation, which is open to the public. Though ...

Ans: Arbitration is a dispute resolution process that takes place outside the judicial system, where the dispute is referred to and resolved by an arbitrator rather than a judge. Unlike the court process, arbitration is private and the parties to the contract have control over all the procedural aspects of arbitration. All parties involved in the contract must agree to resolve disputes through arbitration through an arbitration clause inserted in the contract. The outcome of the arbitration process is the final award which is written by the arbitrator and operates as a court decree. Arbitration is a process to resolve the disputes of the parties, through procedural rules that can be decided by the parties, in a time fram2e that's suitable for the parties. The arbitrators appointed, and the powers given to them are decided by the parties in a manner that is deemed to be appropriate to resolve their dispute. Conclusion :  In choosing arbitration, the parties opt for a private di...

Ans: Any form of settling disputes outside the court system, whether formal or informal, could be clubbed under ADR. Different methods of ADR include Negotiation, Conciliation, Mediation, and Arbitration. Culturally, Indians are able to connect with ADR since we have a history of resolving issues through discussion and negotiation within the family or community before the problems get out of hand and need to be taken to court. The Indian Panchayat system is also an example of informal ADR as it often resolved family and property disputes in the villages before the advent of courts and more formalized methods of dispute resolution. Conclusion: Any form of settlement of disputes outside the court is adr.  In adr, the judge is appointed by the consent of both the parties and generally the family or community disputes are settled through ADR.  Indian Panchayat system is a formal ADR. Some types of ADR are Arbitration,  mediation and conciliation.