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Showing posts from May, 2024

A New Trend in Adultery Among Wives

Nowadays, a disturbing trend has emerged in marriages. ⤷ After getting married, a wife may either live normally in her in-laws' house or start fighting with them and begin collecting evidence of these disputes. She might also get pregnant while living with her in-laws or at her own home. After getting pregnant, she often leaves her in-laws' house and may never return. If she does return, she continues to fight with her husband and gathers more evidence before leaving again. She then files complaints against her husband and his family, accusing them of domestic violence, dowry demands, maintenance, and other issues. ⤷  The husband is often left confused and unaware of what is happening and tries to resolve the issue through discussions or community meetings, sometimes even involving his in-laws. The wife doesn't seek a divorce but demands maintenance. In some cases, she even threatens her husband to never let him see their child. The husband may doubt if the child is his b...

Upsides and Downsides of Alternative Dispute Resolution

ADVANTAGES OF ADR Confidentiality: ADR proceedings are typically confidential, safeguarding sensitive information from public disclosure. It helps in maintaining privacy of cases. Parties are free to discuss their opinions without the fear of disclosure of real fact before the court. Cost-effectiveness : ADR methods often prove more economical than court trials, as they reduce legal fees, discovery expenses, and the overall duration of the dispute resolution process. Time efficiency : ADR mechanisms, particularly arbitration, tend to provide quicker resolutions than litigation, enabling parties to move forward with their lives or businesses promptly. It saves a lot of time of the parties. It is more suitable for multi-party disputes, as all the parties can put forward their opinions at the same place and in one go, rather than going to court again and again. Preserving relationships : Mediation allows parties to maintain a more amicable relationship by fostering cooperation and unders...

HOW ADR CAN BE USED IN RESOLVING DISPUTE

Arbitration operates on the foundation of the parties' agreement, making the arbitration agreement a pivotal element as it serves as the entrance to the arbitration system. Before any disputes arise, parties typically engage in a formal agreement, often containing an arbitration clause. This clause permits them to establish key aspects of the arbitration process beforehand, such as the number of arbitrators, the chosen arbitration forum, applicable arbitration rules, and associated fees. Essentially, this agreement acts as a blueprint for the entire arbitration proceedings. If there are unresolved issues or disputes that need clarification or judgment, the parties can bring them to a court for a decision before proceeding to the arbitration process. Arbitration process is overseen and determined by an arbitral panel or a single arbitrator, depending on the agreement between the involved parties. Unlike in traditional legal proceedings, arbitrators are not required to be lawyers...

Exploring ADR Techniques: Mediation, Arbitration, and Beyond

ABOUT THE BLOG The blog suggests some alternatives to going to court, like encouraging people to settle their disputes before going to trial or using special programs to help people reach fair agreements.         -----------------------------------                       INTRODUCTION Traditionally, disputes have been resolved through litigation, involving time-consuming court proceedings and substantial costs. However, an increasing recognition of the drawbacks associated with traditional litigation has led to a growing emphasis on Alternative Dispute Resolution (ADR) mechanisms. There are different ways to resolve arguments, and some of them are better than others. For example, jury trials can be good because they follow specific rules, but they can also be slow and expensive. So, they might become less popular in the future. People also consider other things when deciding how to resolve disputes, like ...