Latest News
Back
ADR mechanism of legal adjudication in India
Alternative Dispute Resolution (ADR) mechanism is a legal process to resolve disputes outside the traditional court system. It is gaining popularity in India due to its numerous benefits, including faster resolution, cost-effectiveness, and flexibility. In this article, we will discuss the ADR mechanism of legal adjudication in India.
Types of ADR Mechanisms in India:
There are various types of ADR mechanisms available in India, including negotiation, mediation, conciliation, arbitration, and Lok Adalats.
-
Negotiation: It is the most basic form of ADR, wherein the parties involved in a dispute negotiate with each other to find a mutually acceptable solution. Negotiation can be done informally or with the help of a third party.
-
Mediation: It is a voluntary and confidential process where a neutral third party assists the parties in resolving their disputes. The mediator does not impose any decision on the parties; instead, they help the parties find their solution.
-
Conciliation: It is similar to mediation, but the conciliator has more active involvement in the process. The conciliator may offer suggestions to the parties but does not decide on their behalf.
-
Arbitration: It is a process where a neutral third party, called an arbitrator, makes a binding decision on the dispute. The parties agree to abide by the decision of the arbitrator before the process begins.
-
Lok Adalats: It is a forum where disputes are settled through conciliation and compromise. Lok Adalats are constituted at the district level and are presided over by a retired judge, social activists, and other legal professionals.
Legal Provisions for ADR Mechanisms in India:
The Indian legal system recognizes and promotes ADR mechanisms to resolve disputes. The following laws govern ADR mechanisms in India:
-
The Arbitration and Conciliation Act, 1996: This act governs the law relating to domestic and international arbitration in India. The act provides for the appointment of arbitrators, the conduct of arbitral proceedings, and the enforcement of arbitral awards.
-
The Legal Services Authorities Act, 1987: This act provides for the constitution of legal services authorities to provide free legal aid to the poor and marginalized sections of society. The act also provides for the establishment of Lok Adalats for the settlement of disputes.
-
The Commercial Courts Act, 2015: This act provides for the establishment of commercial courts and commercial divisions in high courts for the speedy resolution of commercial disputes. The act also encourages the use of ADR mechanisms to resolve commercial disputes.
Advantages of ADR Mechanisms in India:
-
Speedy Resolution: ADR mechanisms are faster than traditional court proceedings. They are designed to resolve disputes within a specified time frame.
-
Cost-Effective: ADR mechanisms are cost-effective as they involve lower costs compared to traditional court proceedings.
-
Flexibility: ADR mechanisms are flexible as they can be tailored to the specific needs of the parties involved in the dispute.
-
Confidentiality: ADR mechanisms provide for confidentiality, which allows the parties to resolve disputes without any public disclosure.
-
Preserves Relationships: ADR mechanisms are based on the principle of collaboration and compromise, which helps in preserving the relationships between the parties involved in the dispute.
Conclusion:
The ADR mechanism of legal adjudication is gaining popularity in India due to its numerous benefits. It provides a faster, cost-effective, and flexible way to resolve disputes. The Indian legal system recognizes and promotes ADR mechanisms through various laws and regulations. The increasing use of ADR mechanisms in India is expected to bring down the backlog of cases in traditional courts and provide access to justice to all sections of society.
