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ADR and access to Justice
Justice, can be explained as, the virtue by which we give to every man what is his due, opposed to injury or wrong. It is either distributive, belonging to magistrates, or commutative, respecting common transactions among men. But there seem to be no concrete definition for justice.
The ADR mechanism was mainly introduced for the speedy disposal of cases and delivery of quality justice. ADR is a process where a third party resolves the conflicts. The primary objective of ADR is avoidance of vexation, expense and promotion of the ideal of “access of justice for all”. ADR system aims to provide cheap, quick, simple and accessible justice.
MECHANISM OF ADR
- Arbitration
- Mediation
- Conciliation/ reconciliation
- Negotiation
- Lok adalat
ADVANTAGES OF ADR
- Faster and less costly
- Both the parties get an opportunity to tell their part of the stories
- Flexible and responsive
- Informal
- Confidentiality
- Enforceability of awards
- Party autonomy
HOW TO MAKE ADR MECHANISM MORE VIABLE?
- Expanding guidance and help to assist individuals with settling their questions prior and more successfully
- Expanding the open doors for individuals engaged with legal disputes to settle their debates out of court
- Lessening delays in settling those disputes that should be chosen by the courts
- The government should support the setting up of arbitral institutions at all levels such as the district to the national level
ADR mechanism is quicker, cheaper, and more user-friendly than courts. It gives people an alternative way in resolving their disputes which is not possible in public, formal and adversarial judicial system. This mechanism provides the parties with the choice of method, procedure, cost, representation and location. As this process is faster than that of the courts, it reduces the burden on the courts. Because it is much cheaper, it can help to curb the upward spiral of legal costs and legal aid expenditure too, which would benefit the parties and the taxpayers.
- Introduction
- ADR Mechanisms
- Advantages of ADR
