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Indian legal Jurisprudence in ADR mechanism
Indian legal jurisprudence in ADR mechanism:
"It is the the spirit not the form of law that keeps the justice alive" - LJ Earl Warren.
The word jusripudence is derived from the Latin term "juris prudential" which means the study or knowledge of law or philosophy of law.
The concept of conflict management through alternative dispute resolution has introduced a new mechanism of dispute resolution. ADR provides are confidential and alternative method of tackling legal dispute with avoid going to court, means settlement of dispute without litigation. In a developing country like India with huge population and pendency of cases before the court, and to provide means for Expeditious resolution of dispute there is no better way then to adopt the concept of alternative dispute resolution.
Need of ADR: the system of dispensing justice in India has come under a great stress for several reasons mainly because huge pendency of cases before the court. Pendency of cases across court in India has increase in last one decade. The pendency of cases before Judiciary has become a new challenge for the judicial system of our country. This mechanism is the need of the hour to solve all the pending cases before the court.
The different method of ADR is an effective to design of workable, satisfying and fair alternative method to resolve dispute. Various legislation passed by the Parliament of India to set proper rules and regulation regarding arbitration and conciliation like arbitration act 1940, this act was not meeting the requirement of either the international (Model law) or domestic standard of resolving dispute. There was a need for new Forum and procedure for resolving International and Domestic dispute. Thus, arbitration and conciliation act 1996 came into force.
There there are various methods of alternative dispute resolution and the following are:
1.Arbitration: the process by which parties to contract submit their dispute arising between them out of the contract to the independent third party for the resolution of the dispute.
2. Mediation: it is a process of resolving conflict in which third party assist the disputants to resolve the dispute.
3.Conciliation: it is a process in which dispute resolve between the parties by the appointment of conciliator who made the party both separately and together to resolve the dispute.
4. Negotiation: it is a process by which party settle differences, in this process agreement reached, avoiding argumentative.
Advantages of ADR: 1. Cost of ADR is lower than the cost of litigation.
2. Avoids a jury: because it was resolved by the appointment of one or more professional to resolve the dispute.
3. Privacy: ADR methods are private in nature whereas, litigation and court records are open to public.
4. ADR is speedy: speedy justice provided by the alternative dispute resolution techniques which protect the principle of " justice delayed is justice denied".
5.Less stressful: methods of alternative dispute resolution are less stressful then expensive and lengthy litigation.
- Introduction
- Indian legal Jurisprudence in ADR mechanism
- Conclusion
