Day 7 – Q 4.What significance does alternative dispute resolution hold in India? Explain by taking suitable examples.
4. What significance does alternative dispute resolution hold in India? Explain by taking suitable examples.
भारत में वैकल्पिक विवाद समाधान का क्या महत्व है? उपयुक्त उदाहरण ले कर समझाओ।
Introduction:
Alternate Dispute Resolution (ADR) encompasses a range of means like Mediation, Arbitration, Conciliation to resolve conflicts outside formal court system.
Body:
Experiment with ADR’s was initiated with the passing of the Legal Services Authorities Act 1987 which provided for establishing Lok Adalats. In 2002, Section 89 of the Civil Procedure Code was modified to incorporate conciliation, mediation and pre-trial settlement methodologies for prompt and inexpensive resolution of disputes.
The different mechanisms formed in India are Gram Sabha, Nyaya Panchayat, Lok Adalat, Family Court, Commission of Inquiry, Tribunals, Consumer Court, Indian Legislation on ADR, etc.
Significance of ADR’s:
- Reduce workload on the courts given that today about 3.3 crore cases are pending in Indian courts (National Judicial Data Grid data).
- Speedy disposal of cases thus timely justice by avoiding procedural delays associated with formal court system and thus fulfil fundamental right of speedy trial part of Article 21.
- Access to justice is improved as cost and time of litigation comes down thus duty of providing free legal aid to poor is met (39A).
- Saves common man from complex and adverse judicial process.
- ADR process offers confidentiality. Help preserve important social relationships for disputants especially in civil matters like divorce.
- To promote governance. Ex: Administrative Tribunals, National Company Law Tribunal, National Green Tribunal and others.
Example:
Lok Adalats is one of the Alternative dispute resolution mechanisms in India, it is a forum where cases pending or at pre litigation stage in a court of law are settled.
Advantages:
- Speedy justice as it can be conducted at suitable places, arranged very fast, in local language too, even for the illiterates.
- Saves from lengthy court procedure. The procedural laws and evidence act are not strictly followed.
- Parties do not have to bear any expenses.
- Helps in solving problems of backlog cases.
Issues related to ADR’s: lack of manpower, lack of experts, arbitrary procedure, appeals to regular courts.
Conclusion:
Today it has become an international phenomenon to resolve commercial disputes through arbitration and not through normal judicial system. Majority of the persons do not want to become involved in lawsuits due to delays, high costs, unwanted publicity. ADR’s provide best solution to these concerns. Hence, there is strong case to further strengthen ADR mechanisms in India (B.N.Srikrishna Committee recommendations).
Best Answer: Chiranjeev Bishwas
