Conclusiveness of Judgment in Alternative Dispute Resolution

  • Ritti Ramya and Ujjwal Kumar Singh
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  • Ritti Ramya

    Student at Law College Dehradun, Faculty of Uttaranchal University, Dehradun, Uttarakhand, India

  • Ujjwal Kumar Singh

    Assistant Professor at Law College Dehradun, Faculty of Uttaranchal University, Dehradun, Uttarakhand, India

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This paper delves into the concept of the conclusiveness of judgment within the realm of Alternative Dispute Resolution (ADR). A fundamental principle of ADR is the resolution of disputes outside of traditional litigation through methods such as arbitration, mediation, and negotiation. However, questions arise regarding the finality and conclusiveness of decisions rendered through these processes. In the realm of ADR, which encompasses various methods of resolving disputes outside of traditional litigation, the application of res judicata poses unique challenges and opportunities. This paper examines how res judicata principles intersect with different forms of ADR, such as arbitration, mediation, and negotiation. Additionally, it explores the implications of res judicata for the finality, efficiency, and legitimacy of ADR processes. This paper explores the extent to which judgments or awards issued in ADR proceedings are considered conclusive, examining the implications for the parties involved and the broader legal landscape. Through an analysis of legal frameworks, case studies, and scholarly literature, this paper navigates the complexities of conclusiveness in ADR, aiming to provide insights into its practical application and theoretical underpinnings.




International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 2937 - 2947


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