Alternative Dispute Resolution in Modern Era
The process of a new ADR in the country originated from the USA to meet the necessity and requirement of the people. It was a step taken to find alternatives for the traditional system which proved to be costly and time consuming, unpredictable, rigid, damaging the relations, and limited scope. People relied on an alternative to find solutions for the conflicts arouse. One of the main drawbacks of the Indian legal system is the lack of delivery of legal remedies to the people in need, it has also failed to deliver social justice to the aggrieved party. The pending case in the country is much more than the cases solved. The reason may include increasing the number of offenses and the time to solve the cases from the part of the judiciary also increases. Alternative Dispute Resolution can help to solve disputes which are less important when compared to the serious offenses so that the courts have sufficient time to analyze the case and pass judgment for delivering justice effectively and efficiently and provide an appropriate decision.
Modes of Practice of ADR in India
Arbitration: It is a non-judicial form of procedure for settling disputes between the parties which is done by arbitral tribunal and award is also granted to the parties. The decision of the arbitral tribunal is binding o the parties.
Mediation: It is a process in which an external person neutral to the dispute works with the parties and find solutions to the dispute. The basic objective of a mediator is to provide an opportunity to negotiate. The decision of the negotiator is not binding on the parties.
Conciliation: Conciliation is an unstructured method for the resolution of disputes in which a party facilitates communication between the parties and assists them to settle their differences.
Negotiation: It can be termed as a direct or indirect communication where parties of the opposing interest discuss a joint action and resolve the dispute between them. Negotiation is used to settle an existing problem or to frame groundwork for the future relationship between parties.
Lok Adalat: It is another important alternative dispute redressal mechanism. It is a forum where the pending cases in the courts are resolved amicably. Lok Adalat has been recognized under a statutory status under the Legal Service Authorities Act, 1987. Under this Act, the decision of Lok Adalat is approved to be a decree of civil proceedings and is binding on the parties and no appeal lies before any court of law. There is also no court fee involved in filing the case.
- In the case of Arbitration, the process and rules are more flexible unlike the courts for settling disputes between the parties.
- The parties can themselves select arbitrators or mediators' expertise in a particular field for resolving disputes.
- The disputes in ADR are quickly decided. Every case has to be solved within a year which can be extended by more than 6 months.
- The facts and circumstances of the case are also kept confidential.