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Scope of Alternate Dispute Resolution (ADR) in India
Most criticisms of the Indian legal system are derived from the fact that it is expensive and time consuming. In recent years, there is an enormous increase in the number of pending cases in Indian courts. In an adversarial legal system like ours, legal practitioners are more bothered about winning the case irrespective of whether or not justice has been delivered. This leads to an increase in the conflicts that exists among the parties.
With all of these issues centering the failure of Indian legal system to resolve conflicts in the most efficient manner, there emerged a new concept which is now famously recognized as Alternate Dispute Resolution (ADR). It has grown to be an alternate to the adversarial legal system of India and now being addressed as the ‘consensual legal system’. ADR is a method of resolution of conflicts between parties which is more cost efficient, speedy, peaceful and satisfactory in nature.
Arbitration – Is it an absolute ADR Method?
The introduction of the process of Arbitration in India was made through Arbitration and Conciliation Act, 1996. The process commences only if there exists an Arbitration Agreement between the concerned parties before the dispute occurred. An Arbitrator is appointed through the parties themselves or the office of the Chief Justice. A panel of such Arbitrators will constitute an Arbitration Tribunal.
The main criticism of Arbitration is the fact that under certain jurisdictions, an arbitral award can be appealed against in a civil court. Thus, a process whose main objective is to provide a platform for speedy resolution of disputes is itself giving way for the disputes to go back to the old cycle of adversarial process which it initially was trying to avoid.
Mediation – Is it the future of ADR?
It is a process wherein the parties themselves come up with conditions that will help them resolve the disputes. A Mediator only oversees the process and helps communicate among the conflicting parties and is deemed to be impartial.
There is a huge and genuine attempt to find out the core underlying issues and disputes among the parties and cent percent confidentiality is maintained. There are private sessions where the mediator discusses the issue with either of the parties in absence of the other so that the parties do not hesitate in sharing any information. Following which, there are joint sessions where there is an attempt made towards settling of the dispute.
It is especially helpful in matrimonial and property disputes where there is a need to understand the stage at which the dispute triggered and the ways in which each party wants it to be resolved.
Is there a scope for ADR Methods in India?
There is an increase in the number of cases that ADR’s takes up and the public has opted them for speedy and cost efficient incentives.
There have been recent developments in the arena of ADR such as the Online Dispute Resolution and Gram Nyaylayas. These alternates would develop the scope of ADR in India. In the coming years, Mediation would probably grow to be the most efficient as it promises a win-win situation.
- Under certain jurisdictions, an arbitration award can be appealed against in a civil court
- Mediation helps understand the stage at which the dispute triggered and the ways in which each party wants it to be resolved.
- There have been recent developments in the arena of ADR such as the Online Dispute Resolution and Gram Nyaylayas.
