Adr

M. R. Khan (Querist) 05 March 2012 This query is : Resolved
Sirs,

Can under mentioned cases be decided by Alternate Dispute Resolution (ADR).
1. Criminal case of non-compoundable nature.
2. Civil case - Immovable property.

Thx.

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Deepak Nair (Expert) 05 March 2012
1. No
2. Depends on the arbitration clause in the agreement / direction of the court.

Adv.R.P.Chugh (Expert) 05 March 2012
As Ld.Mr.Nair said - the second can be settled by various modes of ADR, infact the court is under a mandate to encourage resolution by ADR.

In the first category - there is no formal mode of ADR applicable - except plea bargaining - if you can call that ADR. In Compoundable cases FIR quashing on the basis of a compromise is being allowed these days.

R.K Nanda (Expert) 05 March 2012
1. No.

2.Yes,civil cases can be decided by ADR.

Raj Kumar Makkad (Expert) 06 March 2012
I have no reason to differ with the replies which have already resolved the query.

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