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Alternative Dispute Resolution (ADR), which includes Mediation and Arbitration, is an increasingly popular way to resolve disputes without going to court. In Kozhikode, as in the rest of India, ADR methods are encouraged for their efficiency, cost-effectiveness, and ability to maintain relationships between parties. Mediation involves a neutral third party who helps both sides reach a voluntary settlement. Arbitration, on the other hand, is a more formal process where the arbitrator delivers a binding decision after hearing both parties.
In Kozhikode, ADR is widely used in commercial conflicts, family disputes, labor matters, property issues, and more. Local courts often refer cases to ADR centers to reduce the burden on the judiciary and promote speedy resolution.
While ADR is designed to be accessible, legal advice can be invaluable in multiple situations, such as:
ADR processes in Kozhikode are governed mainly by national statutes such as the Arbitration and Conciliation Act, 1996, and relevant amendments, as well as by the Code of Civil Procedure, which permits court-referred mediation.
Kozhikode has Permanent Lok Adalats (People’s Courts) and mediation centers established under the guidance of the Kerala State Legal Services Authority. These platforms provide professional, neutral mediation and arbitration services for civil, family, and commercial matters.
It's important to note:
Mediation is a facilitated negotiation where a neutral mediator helps parties reach a voluntary agreement. Arbitration is a formal process where the arbitrator hears both sides and makes a binding decision.
Yes, most civil and commercial disputes can be resolved through ADR. Courts may also refer cases to mediation or arbitration, or you can choose ADR independently.
Yes. Arbitrators’ decisions (awards) and mediated agreements (if recorded as court decrees) are legally binding and enforceable through the courts.
ADR proceedings are usually much faster than traditional litigation. Many mediations are resolved within a few sessions, and arbitrations can take several months, depending on the case complexity.
While not mandatory, legal advice is highly recommended, especially for complex or high-stakes disputes, or where the opposing party is represented.
ADR costs are generally lower than court litigation. Costs vary based on the service provider, the dispute’s value, and the length of the process.
Civil, commercial, family, property, and contractual disputes are commonly resolved through ADR. Criminal cases are generally excluded, except for compoundable offenses which may be mediated.
Kozhikode has recognized ADR centers including those at the district court and private dispute resolution providers. Lawyers and local bar associations also maintain lists of accredited mediators and arbitrators.
If a party fails to comply with a mediated agreement (recorded as a decree) or an arbitral award, the other party can seek enforcement through the local civil courts.
Yes. Both mediation and arbitration proceedings are generally confidential, protecting the privacy and interests of all parties involved.
If you need legal assistance with mediation or arbitration in Kozhikode, consider the following steps:
