ROLE OF ADR IN MODERN DAY SOCIETY
Tejashree Anant Salvi
Introduction
The Indian judiciary is one of the oldest judicial systems in the world, but it is also a well-known fact that the Indian judiciary is becoming inefficient in dealing with pending cases, with Indian courts clogged with long-unresolved cases. The situation is that, despite the establishment of over a thousand fast track courts, which have already resolved millions of cases, the problem is far from being resolved, as pending cases continue to pile up. To deal with such a situation, Alternative Dispute Resolution (ADR) can be a useful mechanism because it resolves conflict in a peaceful manner with an outcome that is accepted by both parties.
What is an Alternative Dispute Resolution Mechanism (ADR)?
ADR is a technique for resolving disputes and disagreements between parties to a transaction by reaching an amicable settlement through negotiation and discussion. ADR can provide additional means and methods for resolving disputes of all types, including civil, commercial, and family disputes. The general principle of ADR is that it relies on a third party to resolve disputes between the contracting parties. One of the main reasons that parties may prefer ADR proceedings over adversarial litigation is that, unlike adversarial litigation, ADR proceedings are often collaborative and allow parties to understand each other's positions. It seeks to maintain peace and cooperation among the parties involved in the transaction and to prevent hostility among them. The goal of resolving disputes through ADR is to reduce the burden on the courts and provide early access and speedy trial to more serious cases. ADR is incorporated in India under Articles 14 and 21 of the Indian Constitution.
Some of the ADR legislation that was enacted during the British era was as follows:
Bengal Regulation Acts of 1772 and 1781
Indian Arbitration Act, 1899 this law was based on the British Arbitration Act of 1889.
Code of Civil Procedure, 1908 (Section 89)
This Act was enacted in India in order to implement and implement the Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Enforcement of Foreign Arbitral Awards of 1927. The Arbitration Act of 1940 dealt with the stages of arbitration proceedings. The law, however, only dealt with domestic arbitration.
A few key provisions concerning ADR
Article 89 of the Code of Civil Procedure of 1908 offers this possibility to the people: if it appears to the judge that there is elements amicable settlement, the court formulates the terms of the eventual settlement and refers it to arbitration, conciliation, mediation, or Lok Adalat.
The Acts which deal with Alternative Dispute Resolution are the Arbitration and Conciliation Act, 1996 and,
The Legal Services Authority Act, 1987
The Benefits of Alternative Dispute Resolution
It is less time-consuming when compared to the courts, so people resolve their disputes in a shorter period of time.
It is a cost-effective method because it saves a lot of money if one goes through the litigation process.
It is free of courtroom jargon, and informal methods of dispute resolution are used.
People are free to express themselves without fear of repercussions in a court of law. They have the ability to reveal the truth without disclosing it to any court.
Efficient method: There is always the possibility of re-establishing a relationship as parties discuss their issues on the same platform.
It prevents further conflict and maintains the parties' good relationship.
It protects the parties' best interests.
India's ADR MODELS AND PRACTICES
The modes of ADR that are commonly used in India are as follows:
· Arbitration is a private, usually informal, and non-judicial trial procedure for resolving disputes by an arbitral tribunal, and the tribunal's award is binding on the parties.
· Mediation is a process in which a mediator, who is an outsider to the dispute, works with the parties to find a solution that is acceptable to all of them. The primary goal of mediation is to give the parties the opportunity to negotiate, converse, and explore options with the assistance of a neutral third party in order to determine whether or not a settlement is possible.
· Conciliation: Conciliation is a relatively unstructured method of dispute resolution in which a third party facilitates communication between the parties in order to assist them in resolving their differences.
· Negotiation: Negotiation is essentially self-advice between two parties in order to resolve a dispute. Negotiation, on the other hand, is not legally recognized in India. Besides the four mentioned above, Lok Adalat and Online Dispute Resolution are also popular in India.
ADVANTAGES OF ADR
· In the case of arbitration, the parties have much more path to determine which rules of procedure and identification will apply to their dispute. They have a choice, which the traditional legal system does not offer them.
· The parties can often choose the arbitrator or mediator who will hear their case, usually choosing someone with expertise in the substantive field at issue.
· When using ADR, a matter is resolved quickly. Compared to the traditional legal system, it is cheaper.
· The most important aspect is that the results can be kept private.
Suggestions for Mechanism Improvement
Courts are authorized to issue guidelines for the adoption of ADR mechanisms by parties, and the court must play an important role in this regard by providing guidance. The courts are also given authority to intervene at various stages of proceedings. However, these objectives cannot be achieved if the necessary infrastructure and institutional framework are not available.
Seminars, webinars, and workshops can be used to raise awareness. ADR implementation programs must be organized in such a way as to change the mentality of lawyers, parties to the conflict, and judges.
Universities, colleges, and institutes should provide training for ADR practitioners. MARC training should be integrated into university curricula. Bailiffs should be trained to recognize cases that can be resolved outside of the courtroom.
Because the doors of the judiciary are not closed, the inflow of cases cannot be stopped, but the outflow can be increased by providing other means of dispute resolution.
To assist citizens in resolving disputes quickly and without resorting to the time-consuming litigation process, mediation centres can be established in districts and tehsils to assist citizens in resolving disputes quickly and without resorting to the time-consuming litigation process.
CONCLUSION
It is common knowledge that there are numerous cases pending in Indian courts due to a lack of resources, including human resources and infrastructure. According to the National Judicial Data Grid, approximately 73 lakh cases are pending in the country. Nonetheless, various steps have been taken to improve the system, such as speeding up the judicial process, establishing new courts, and increasing the number of judges, among other things. Furthermore, in 1999, the union government amended Section 89 of the Civil Procedure Code 1908, directing the courts to investigate the possibility of resolving pending disputes through arbitration, mediation, or Lok Adalat, also known as the ADR system. Despite the fact that the aforementioned steps have been taken, the problem persists.
REFERENCES
https://lexlife.in/2021/02/18/alternative-dispute-resolution-its-need-and-importance/#_ftnref3
https://blog.ipleaders.in/adr-alternative-dispute-resolution/
http://racolblegal.com/role-of-adr-in-modern-day-society/