It is commonly known that the Indian legal system is among the oldest in the world, but it is also true that it is currently increasingly ineffective at handling open cases since Indian courts are overburdened with protracted unresolved disputes. The situation is that despite the establishment of over 1,000 rapid-track courts that have previously resolved millions of cases, the issue is still far from being resolved as backlogs of unresolved cases continue to grow.
Alternative dispute Resolution (ADR) mechanisms have the potential to replace traditional conflict resolution processes. In cases where parties are unable to initiate negotiations and come to a resolution, ADR provides to resolve all types of disputes, including civil, commercial, industrial, and familial concerns. In cases where parties are unable to initiate negotiations and come to a resolution, ADR provides to resolve all types of disputes, including civil, commercial, industrial, and familial concerns. It is a strategy that gives people and groups the chance to preserve social order, cooperation, and eliminate antagonism.
Important Points to Remember Regarding ADR
The Indian judiciary has access to scientifically validated methodologies through alternative dispute resolution mechanisms, which assist in easing the workload on the courts.
The several techniques of dispute resolution offered by ADR include the process of arbitration, mediation, conciliation, discussions, and Lok Adalat.
Negotiation in this context refers to the parties engaging in self-counseling to settle their conflict; however, in India, this practise is not formally recognised.
ADR is likewise based on such basic rights, including articles 14 and 21, that dealing with equality beneath the law and, accordingly, the fundamental right to life as the freedom to freedom of speech.
In accordance with article 39-A of the Directive Principles of the State's Policy (DPSP), which deals with equitable justice, ADR also aims to provide free legal assistance.
Benefits of ADR
Individuals are free to speak for themselves without concern for a legal consequences. They have the right to tell the truth without exposing it to a court.
The parties' positive connection is maintained and additional dispute is avoided.
Since there are no court-related formalities involved, disputes are settled informally here.
People settle disputes more quickly than courts do, taking less time overall.
A legal procedure results in significant financial savings.
As long as the parties communicate their problems on the same forum, there is always a chance of mending the relationship.
Various ADR techniques
1. Arbitration
In the absence of a legally binding arbitration agreement before a dispute arises, the arbitration procedure cannot exist. Parties use this method of dispute settlement to send their conflict to one or more arbitrators. Parties must abide by the arbitrator's judgement, which is known as the "Award." The goal of arbitration is to get an equitable resolution of the case instead of going to court without needless expenditure or delay.
According to Chapter 8 of the Arbitration and Conciliation Regulations of 1996, for example, if the other side disobeys the agreement to arbitrate and files a lawsuit in the civil court system rather than through arbitration, the opposing party may ask the court to submit the case to dispute resolution as agreed upon, but not after the first statement has been submitted.
2. Mediation
In mediation, a third impartial person seeks to help a number of disputants come to a conclusion. It is a simple and straightforward entity-centered negotiation method in which another party serves as a mediator to settle disputes peacefully via the use of efficient interaction and negotiating strategies. The parties are completely in charge of this procedure. The sole purpose of a mediator is to aid in the resolution of disputes between the parties.
3. Conciliation
Despite being less formal, conciliation is a kind of arbitration. By using a facilitator that interacts with each party individually to resolve the conflict, both sides to the disagreement can facilitate an amicable conclusion. Conciliator visits individually with each party to ease tension and improve interaction while also analyzing the situation in order to facilitate an agreement negotiation. Consent from the beginning is not required, therefore parties who are not interested in conciliation cannot be compelled to participate.
4. Lok Adalat
A judge who is now practising or has retired, a social activist, or an employee of the legal profession serves as the head of Lok Adalat, which is known as the "People's Court." Lok Adalats are held on occasion by the National Legal Service Authority (NALSA) alongside other judicial Institutions to exercise this competence. Any disagreement that is underway in ordinary court or that hasn't been presented before a judge might be submitted to Lok Adalat. The protocol is followed strictly and there are no court expenses, which speeds up the process.
Conclusion
Alternative Dispute Resolution is very important term for cases who are not getting attention to get the final verdict. We have explained all the terms related to ADR which makes it more easy to understand the importance of it. There is no doubt that ADR is beneficial for all because of its effective communication and cost effective technique. If you have any doubt related to this or any case pending in the court, you can contact us for further help.
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