The purview of Arbitration and Mediation in India
Arbitration and Mediation have played a significant role in resolving disputes for resolving conflicts between the parties. The conflicts may include aspects of business and non-business activities. People are now willing to rely on various Alternative dispute resolutions (Arbitration, Mediation, Conciliation, and Lok Adalat). They are compared to be more reliable in comparison to the courts in the country. The expansion of arbitration and mediation and other ADR remedies can be analyzed from various animating concerns. The scholars, practitioner consumers and advocates in 1960 and 1970 felt the lack of responsiveness of the judicial forums and requisite the need for better quality response and outcomes for the members of the society for resolving disputes among two parties, with the government. These complications could be resolved with the quality of the dispute resolution process. Each of the ADR processes has its objective, logic, and judicial justification. These dispute resolutions tend to be different based on the necessity and requirement of the members of the society. These basic ideas have been adapted to several subject fields and disputes. Mediation and Conciliation are related to improvise communication between the parties especially those with pre-existing relationships and provide appropriate solutions for the conflict. Arbitration on the other hand is often to resolve a concrete dispute for an event that requires research on facts, interpretation of contractual terms, or application of legal principles.
Is there a scope for ADR methods in India?
It has been noticed that approaching the court is time taking and expensive. In the past few years, there have been enormous pending cases in the courts and where the legal practitioners are more interested in winning the case rather than delivering justice to the people. This leads to absence in delivering justice to the society.
Taking into account the issues involved and solving conflicts effectively and efficiently, Alternative Dispute Resolution gained immense importance. ADR process is also preferred over the judicial system because of aspects like a speedy trial, cost-effective. It also involves confidentially of facts and shreds of evidence related to the dispute of the parties, unlike courts where the facts and judgment of the case are later used as precedent in the future for similar facts. There has been an increase in the number of cases that the ADR takes up and the public also prefers the ADR process over the courts in the country. The disputes brought forth two the ADR are of different kinds. Disputes can be resolved for people from different fields such as businessmen, consumers, etc.
There has also been a development in the ADR process through the development of Online Dispute Resolution and Nyalayas.
With the advent of ADR, there is a new approach for the people to settle disputes. The settlement of dispute from Arbitration and Mediation has acquired great popularity over the past few years and no doubt this will reduce pendency in the Indian Courts. The scope of alternative dispute resolution has been highlighted in by the former Chief Justice of India at Vigyan Bhavan, New Delhi on September 18, 2004, by increasing the process of ADR in the country.
I conclude the article saying that alternative dispute resolution will achieve the goal of rendering social justice to the parties which are the goal of a successful judicial system