Alternative Dispute Resolution Mechanism as per Indian Perspective
Siddhartha Law College, Dehradun, India.
Volume III, Issue V, 2020
Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often the real loser- in fees, and expenses, and waste of time. As a peacemaker, the lawyer has a superior peace-maker the lawyer has a superior opportunity of being a good man. There will still be business enough.
The large number of pending cases is one of the biggest challenges of the Indian legal system. The large number of pending cases not only delay justice but also create pressure in the legal system. India is a developing country with major economic reforms which results in the increasing number of companies and large number of disputes. Courts will not be able to bear the pressure of such large number of disputes and the justice system. As a solution for this problem Alternative dispute resolution provides alternative of dispute resolution in an effective way which is less costly and timesaving. This paper discusses the concept of Alternative Dispute Resolution mechanisms and how it has proven to be a useful alternative to the litigation process in India in detail. The following paper focuses on various mechanisms of alternative dispute resolution like mediation, arbitration, negotiation, conciliation, and Lok Adalat which are some of the effective mechanisms of ADR which allow the party to reach a satisfactory solution without spending much time and money. Access to inexpensive and expeditious justice is a basic human right.
Keywords: Arbitration, Binding, Non-Binding, Arbitrator, Mediation, Conciliation