The next advantage of ADR is that it could reach to an amicable settlement

where both parties will get a win-win situation. The word “Amicable” means;
showing friendliness and goodwill in a peaceful behaviour. Therefore this involves
parties to settle the matter in an open and friendly ways, which certainly involves
considering each party’s interest, for the benefit of one another. The success of
amicable settlement may be reached based on how the parties see the problem. The
principle of amicable settlement is to, look in to the matter in a rational way. The
decisions taken must not be primarily based on “ what is correct or wrong” or “what is
contractually right”. The main idea behind the process should be “settling the
difference of interest” by extending friendliness in order that there will not be a
dispute which will ruin the relationship between parties1. Therefore, the end results
will be developing a win-win situation whereas preserving the relationship between
parties.

Lok Adalat is one of the method for Alternative Dispute Resolution. The
significant features of the Lok Adalat is that the lawful specialists holding Lok Adalat
Bench, manage the parties on settling the dispute in amiable and harmonious
environment.2 The individuals will help the parties in an autonomous and fair-minded
way in their endeavor to achieve amicable settlement on the problem. As stated in
section 19(5) The Legal Services Authorities Act 1987, a Lok Adalat shall have
jurisdiction to determine and to arrive at a compromise or settlement between the
parties to a dispute in respect of any case pending before; or any matter which is
falling within the jurisdiction of, and is not brought before, any Court for which the
Lok Adalat is organized. Provided that the Lok Adalat shall have no jurisdiction in
respect of any case or matter relating to an offence not compoundable under any law.

Another advantage of ADR is that during the process, a jury is not involved.
Negotiation technique which involves parties to the dispute settle the problem on
their own. A professional negotiator or a 3 rd party as a settler will not involved
during this process. Only the precise parties to the dispute are going to be
concerned. In other ADR process such as mediation, the 3 rd party will only be
involved in giving suggestion on solving the disputes, however, the parties to the

1Madhushanka, R. (2013). Alternative Dispute resolution method-Amicable Settlement. Retrieved December 04,
2018, from https://www.scribd.com/document/168820667/Amicable-Settlement

2National Legal Service Authority (NALSA). (n.d). Lok Adalat. Retrieved December 05, 2018, from
https://nalsa.gov.in/lok-adalat
dispute are free to choose whether they want to follow or not. Unlike the
settlement in litigation, the judge is the one who settle the dispute and make
decision based on “ what is right and wrong”. The judge is bound by the law
when giving judgment. Juries are unpredictable and bias as the award given solely
based on whether or not they like the parties. Juries have awarded plaintiff damages
that are well higher than what they would have deserved through alternative dispute
resolution and that they have also done the other way3.

3Albright, M.(n.d). The Advantages and Disadvantages of ADR. Retrieve December 5, 2018 from
https://albrightstoddard.com/advantages-disadvantages-adr/
National Legal Service Authority (NALSA). (n.d.). Lok Adalat. Retrieved December
05, 2018, from https://nalsa.gov.in/lok-adalat

Albright, M.(n.d). The Advantages and Disadvantages of ADR. Retrieved December

05, 2018, from https://albrightstoddard.com/advantages-disadvantages-adr/

Madhushanka, R. (2013). Alternative Dispute resolution method-Amicable Settlement.

Retrieved December 04, 2018, from
https://www.scribd.com/document/168820667/Amicable-Settlement