Rising Need Of Need Of ADR Mechanisms In India

Conflicts, chaos and differences in opinions are a part of our lives. And from day to day situation arises where people need to solve these conflicts. In India Judiciary is the oldest way to get these solved. But with the passing time and having abundant cases Indian Judiciary is becoming inefficient in dealing with a large number of pending cases and as a result, the court is occluded with unsolved cases. To work out the problem fast courts were established for speedy trial but the situation remained the same as the cases continue to pile up.

To resolve the following situation ADR (Additional Dispute Resolution) mechanism can be a helpful tool.

WHAT IS ADR?

ADR refers to a dispute resolution process and techniques other than litigation which offers speedy trial and judgment. ADR has not only released the burden of the courts but it is serving as a more financially savvy way with enlarged viability. ADR provides various modes of settlement such as – Arbitration, conciliation, mediation, and negotiation. There is a need for ADR not only because of the heavy burden of the judiciary but it is also founded in the constitution of India under Article 21 and 14. In the preamble, also social, economical, and political justice is established. The concept of ADR is based on the following principles ensuring the integrity of the individuals. ADR endeavors to achieve equal justice and free legal aid as enshrined in Article 39A of the constitution.

DIFFERENT MODES OF ADR:

Arbitration

Arbitration is an independent and alternative way of resolving disputes between the two or more parties. Arbitration proceedings are administered and managed by an independent arbitrator who is appointed by the court who is impartial and knowledgeable. The arbitration process cannot be initiated without a valid arbitration agreement between both parties prior to the advent of the dispute. Parties to the contract can call on arbitration through the arbitration clause written in the contract either through themselves or through an authorized agent who will then refer the dispute to an arbitrator. The decision of an arbitrator is final and the decision is known as an award.

Section 8 of ‘Arbitration and Conciliation Act, 1996 states that – “If any party disregards any arbitral contract and moves to civil court instead of moving to an arbitration court then the other party can apply and a plea to the court for referring the matter to the arbitration as per the contract. The application sent by the party must include the copy oft eh arbitration agreement and then it would be subject to the court's consent whether the matter would be referred to arbitration or not

Conciliation

Conciliation is a kind of arbitration but less formal in nature. The parties appoint a conciliator who tries to resolve the dispute by meeting parties separately. The objective of conciliation is to facilitate the parties an amicable way of solving disputes in a lesser time and pocket-friendly way.

Being similar to arbitration however, the conciliation is different in some aspects.

-In conciliation, it is mandatory for the parties to send an invitation to the conciliator for the initiation of the proceedings.

- It is necessary for the other party to accept that invitation for conciliation in writing and if the other party fails to do so no conciliation proceeding will be commenced.

Mediation

Mediation is an alternate dispute resolution mechanism where an independent third person aiding the parties to come to a conclusion. The mediator is a kind of intercession by a third party which is allowed by the disputants where the intervening third party has no right to make a decision or judgment. Mediation is the process that is totally controlled by the parties.

Negotiation

Negotiation is a bit different from the other modes of settlement. Negotiation is a process in which the parties come to a settlement on which they mutually agree. While in other ADR modes there is an intervention of a third party but negotiation is done without the involvement of third parties. Negotiation is done by parties or their representatives having discussions.

Lok Adalat

Lok Adalats are also known as People’s Court. Lok Adalat is a medium through which cases pending at panchayat or pre-litigation level are settled. Lok Adalats are given statutory status under the Legal Services Authority Act, 1987. The decision given by the Lok Adalat is considered to be the decree of the civil court by the virtue of the act. The parties to the dispute don’t need to pay any kind of fees for getting the matters adjudged by the Lok Adalat. The people deciding the cases in the Lok Adalats do not perform the role of the judiciary and hence they can only persuade the person to abide by the decision, and shall not pressurize or coerce the parties to do so. It is an attempt towards the amicable settlement of dispute and parties shall assist the Adalat in reaching a friendly settlement.

IMPORTANCE OF ADR IN INDIA

The concept of equality in India and apportioning the same is under incredible distress as the number of pending cases in India is increasing day by day. It has been a matter of great concern and it is due to this regard a gathering was held in Delhi chaired by the then PM of India directed by the central equity of India. In the meeting, it was stated that the courts are no longer able to deal with the pressure created by the pending judgments, and hence a better way or method is needed to be adopted.

To make the head or tail of the problem a methodology making it swifter the resolution of disputes for reducing the weight on the courts was adopted. ADR was seen as the best choice and an attempt was made to settle the dispute without necessary delay or expense.

The arrears of pending cases that are increasing each day and time consumed in litigation the administration of justice is crumbling and that’s why we are compelled to adopt ADR’s. The judiciary is already piled up with backlog cases that are stretched for years and hence it is becoming difficult for the judiciary to look after new individual cases that are being filed. ADR comes out as a help in such situations due to many reasons.

It consumes less time and people get their disputes resolved in relatively lesser time. In addition to that, it is a cost-effective method and is free from all the technicalities of court. It serves as an efficient way where parties are free to express themselves; it also helps the parties by maintaining a good relationship thereby reducing the chances of another conflict. It, therefore, helps in preserving the interest of the parties.

CONCLUSION

Justice delayed is justice denied. Arrears of pending cases, repeated adjournments, torpid and sluggish government machinery, and many other factors make it now ADR play a pivotal role. The situation now calls for ADR to step in as the judicial system is failing. Since the passing time realizing the importance of ADR govt has set up various mediation centers and arbitration centers in many cities. The mediation center of Delhi District Courts have settled more than 1 Lakh cases in 10years and have thus contributed majorly towards lowering down the pending case rates in Indian Courts. Similarly, mediation and other ADR modes are gaining ground day by day in other states as well.

We can say that now we have understood the importance and with the passing time ADR process is seeing more success stories day by day. It has come a long way and as proved to be a boon to the Judicial system but still it has more to do and a long way to go.

[The author, Ananya Pandey is a student of Jamnalal Bajaj School Of Legal Studies, Banasthali Vidyapith Rajasthan]

Disclaimer: This article is an original submission of the Author. Niti Manthan does not hold any liability arising out of this article. Kindly refer to our Terms of use or write to us in case of any concerns.