About
Rules of ADR
The KCCI ADR’s Arbitration Rules establish clear, modern, and common-sense procedures under which effective arbitrations can be conducted.
Rules of ADR
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Introduction
The ADR Mechanism, comprising of Negotiation, Mediation, Expert Determination, Dispute Review Panel (DRP), Independent Dispute Avoidance Panel, Arbitration & Conciliation, gives parties in dispute an opportunity to work through disputed issues with the help of a neutral third party.
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Negotiation
It is a voluntary & private process. It is an informal mechanism that seeks to arrive at a mutually acceptable agreement. There may not be a necessity of a third partyfacilitator to this process. If negotiation is based on an agreement, it is enforceable as a contract.
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Mediation
Mediation/Conciliation is popular as an informal method of dispute resolution in which a neutral third party, the mediator, helps disputing parties to reach an agreement. It is a private process & is useful when parties have a relationship to preserve, e.g. when family members, neighbours & business partners have a dispute.
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Arbitration
Arbitration is a voluntary process driven by an agreement. It is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
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Conciliation
Mediation/Conciliation is popular as an informal method of dispute resolution in which a neutral third party, the mediator, helps disputing parties to reach an agreement. It is a private process & is useful when parties have a relationship to preserve, e.g. when family members, neighbours & business partners have a dispute.
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Empanelment & Code
This Code sets out the fundamental standards to be followed by KCCI ADR Members and also provides guiding principles for the conduct of arbitrators / mediators.