INTRODUCTION
Alternative dispute resolution (ADR) is referred as a system which is used to resolve the disputes outside the court. As compared to traditional litigation method, Alternative dispute resolution is less time consuming and cost effective for parties involved in the dispute. This also helps in reducing workload of courts and avoid multiplicity of cases. Alternative dispute resolution is termed as one of the fastest growing industries in the legal sector.
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CONCEPT OF ADR
ADR could be used to resolve various types of issues including civil disputes, family disputes, industrial and commercial disputes etc. It is mainly used by the parties who want to end dispute outside the court. In this concept a third party is involved in solving the dispute arisen. The third party helps to resolve the differences and miscommunications due to which the dispute arose between the parties. Involvement of third party helps in having a good conversation which results in successful resolution of the issue.
As we all know, courts and judicial system of the country is already overburdened and delay in justice can be seen due to this. There are several pending cases before all the courts across the country and it takes years to resolve the issues and disputes. ADR can be a good alternate to reduce the burden of courts across the country.
TYPES OF ADR IN INDIA
Below listed are the various types of ADR’s used in India:
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1. Arbitration:
Arbitration, an alternative dispute resolution mechanism (ADR), is often described as “a binding voluntary alternative dispute resolution process by a private forum chosen by the Parties”.
2. Mediation:
In mediation, the third party is involved which aims to resolve the dispute between two or more disputants. This process is totally under the control of the parties.
3. Conciliation:
It is a form of arbitration. In this a third party is involved which is referred as conciliator who helps to settle the dispute between the disputants.
4. Lok Adalat:
It is also known as ‘People’s Court’. National Legal Service Authority(NALSA) along with other Legal Services Institutions conducts Lok Adalats on regular intervals for exercising such jurisdiction.
RECENT TRENDS OF ADR
1. Virtual ADRs:-
The ADR is a cost effective and less time-consuming method which has been helping so many parties to resolve their disputes with the help of a third party, with the help of the various means of ADR. Also by using ADR to resolve the disputes the interest of both the parties are recognized.
Due to the breaking of COVID-19 pandemic, the court system has made a big revolution in its procedure of hearings. This resulted in a new dispute resolution system known as ODR (online dispute resolution). It can also be referred as ‘Virtual ADR’
2. Amendment in Arbitration and Conciliation Act,1996:-
Recently, in year 2021, Arbitration and conciliation Act was amended which shows the intention of legislature to make Indian Courts and judicial system more arbitration friendly. This amendment made two major changes i.e.:
- Automatic stay on awards in some cases where the court has prima facie evidence that the contract on which the award is based was tainted by “fraud” and “corruption.”
- Omission of 8th Schedule from the Act.
FUTURE OF ADR IN INDIA
Justice N.V Ramana, former Chief Justice of India once quoted, “Keep The Option Of Going To Courts As Last Resort”
As we all know, justice delivery system in India is already overburdened and delayed due to many reasons. Evolution and expansion of Alternative Dispute Resolution system will help in decreasing the unnecessary burden imposed on courts. Alternative Dispute Resolution system is more cost effective and less time consuming as compared to traditional litigation. This also adds on to the benefits of choosing ADR over traditional methods to resolve disputes between parties.
Justice D.Y Chandrachud, Chief Justice of India also emphasized the need of ADR by quoting, “Mediate, not litigate”
CONCLUSION
To conclude it can be said that ADR is one of the important branch of legal system and will greatly succeed in future.
Author – Japnit Kaur
[B.Com LL.B (Hons.) 3rd Year]