The justice dispension system in India has come under a lot of stress for many reasons, the majority of it being the huge pendency of cases in courts underlining the need for alternative dispute resolution methods.
The Government of India thought it was necessary to provide a new form and procedure for resolving domestic and international commercial disputes quickly. In this context, a resolution was adopted by the Chief Ministers and Chief justices of states in a conference held on 4th December 1993 in Delhi. The post was held under the chairmanship of the then Prime Minister of India and was presided over by the Chief Justice of India. The Chief Justices and Chief Minister were of the opinion that courts were not in a position to bear the entire burden of the justice system in the nation and that a number of disputes lend themselves to resolution by alternate modes like mediation, arbitration and negotiation. They emphasized the desirability of disputants taking advantage of this alternate dispute resolution which provided procedural flexibility, save money and time and avoid the stress of a conventional trial.
In a developing country like India, with major economic reforms underway within the work of rule of law, strategies for swifter resolutions for disputes and lessening the burden on courts and to provide means of expeditious resolution of disputes, there is a no better option but to try to develop an alternate mode of dispute resolution by establishing facilities for providing settlement of disputes through conciliation, mediation, negotiation, and arbitration.
The Arbitration Act of 1940 did not prove effective for the early settlement of disputes by arbitration. The first major step taken towards this was the enactment of the Arbitration and Conciliation Act, 1996 which was brought into force on 22nd August 1996. This Act was based on the UNCITRAL Model Law on International Commercial Arbitration and UNCITRAL Conciliation Rules. It provided the basis for the growth of alternative dispute resolution.
The ICADR is an autonomous organization with its headquarters situated in Delhi. It has its regional centers at Hyderabad and Bengaluru. The respective state governments fully fund and support the regional centers of the ICADR. Former Governor of Karnataka Dr. H.R. Bhardwaj is a Patron of ICADRR. The Chief Justice of the concerned High Court is the Patron of the regional center of ICADR at the regional level. The chairperson of the ICADR is the Honorable Chief Justice of India. The Governing Council of ICADR is comprised of various eminent personalities from different fields.
This article does not intend to hurt the sentiments of any individual, community, sect, or religion, etcetera. This article is based purely on the author’s personal opinion and views in the exercise of the Fundamental Rights guaranteed under Article 19(1)(A) and other related laws being enforced in India for the time being.