Legal Studies: Alternative Dispute Resolution (ADR)

Front

What are the two main systems of justice dispensation?

Back

Adversarial and Inquisitorial systems.

Front

What is the role of lawyers in an adversarial system?

Back

Lawyers develop their own theory of the case, gather evidence, and participate in cross-examination.

Front

How does the judge's role differ in an inquisitorial system compared to an adversarial system?

Back

In an inquisitorial system, the judge takes an active role in determining facts and issues, while in an adversarial system, the judge's role is passive.

Front

What are the advantages of the adversarial system?

Back

1. Effective cross-examination to test witness credibility. 2. Parties have control over the process.

Front

What are the disadvantages of the adversarial system?

Back

1. High costs of justice. 2. Prolonged trials due to procedural formalities. 3. Judges play a less active role.

Front

What are the advantages of the inquisitorial system?

Back

1. Procedural efficiency prevents delays. 2. Preserves equality between parties.

Front

What are the disadvantages of the inquisitorial system?

Back

1. Judges may lose neutrality. 2. Lack of incentive for proper fact-finding.

Front

What is Alternative Dispute Resolution (ADR)?

Back

ADR refers to non-adversarial techniques for resolving disputes outside the conventional court system.

Front

What historical context does ADR have in India?

Back

ADR techniques pre-date the modern adversarial model and were characterized by native practices during the Vedic age.

Front

What are the different types of ADR?

Back

1. Arbitration 2. Mediation 3. Conciliation 4. Lok Adalat.