Dr.

Ram Manohar Lohia National Law University

Synopsis On: - ADR in Industrial and Employment Disputes

Submitted To:- Mrs. Shakuntala Sangam

Subject:- Alternate Dispute Resolution
Submitted By:- Shubhangi Agarwal
Enrollment Number-150101174
Semester: - VIIth
 Introduction
Alternative dispute resolution (ADR), for instance conciliation and arbitration, is often regarded
as a better option than the more conventional mechanisms for the settlement of labor disputes,
because of the lower cost and greater speed involved. This is because it normally requires the
consent, and thus the commitment, of the parties involved, it has the potential of presenting a
more successful and sustainable solution to labour disputes. Machineries under Industrial
disputes Act in India provides opportunity for industrial employees to resolve their disputes
through ADR in the form of conciliation and voluntary arbitration before the disputes are
referred to compulsory adjudication through labour court and tribunals. Although ADR is not a
new concept in resolving industrial disputes, the obstacles faced in the conciliation and
arbitration proceedings leads to ineffective alternative mechanisms. The recent growth of ADR
in the form of Lok adalats where justice is dispensed summarily without too much emphasis on
legal technicalities. It has been proved to be a very effective alternative to litigation. The govt.
should take appropriate measures to establish permanent Labour Lok Adalats exclusively for the
purpose of settling labour disputes effectively and to that effect necessary reformation should be
made in the ID Act.

The advantages of ADR over litigation in employment disputes are listed below.

 Speedier
 Less formal
 Can be less costly
 Confidential
 Encourages consensus
 Wider range of solutions e.g. apology, explanation, continued employment.

Research Methodology

The research methodology used by the researcher in this project will be doctrinal under which
various primary and secondary sources would be used to serve the purpose of the project. Hence
I will adopt the methods of analytical study to undergo the research for the project.
 Scope
Conflict or difference of opinion inevitably results from human interaction. Huge potential for
conflict exists in the industrial sectors and often the disputants feel a need for outside intrusion.
There are two processes to settle a dispute, one is by Adversarial and another is by non-
adversarial process. Non-adversarial system is a system by which the dispute is settled outside
the court and it is called Alternative dispute resolution (ADR). This is a cheap and speedy
remedy for the worker, where settlement of industrial dispute by the court is a costly and time
consuming procedure. This article aims to define ADR, application of ADR in the field of
Industrial dispute and why ADR system is important and necessary in the field
of settlement of industrial dispute.

Tentative Chapterisation

1. Introduction

2. Concept of ADR

3. Concept of Industrial Dispute

4. Causes of Industrial Dispute

5. Industrial dispute settlement procedure under labour law

6. Conclusion

Bibliography
Website

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employment-disputes
3. https://www.abyssinialaw.com/study-on-line/item/341-adr-in-labour-law
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in-the-workplace/
8. https://www.lexology.com/library/detail.aspx?g=a339aa0c-1973-4b39-9328-
981adde1f1ef