ALTERNATIVE DISPUTE RESOLUTION IN INDIA AND ITS SHORT COMINGS
Alternative Dispute Resolution is used to define a set of techniques and approaches which are aimed to resolve disputes between the parties in a non-confrontational way. A conflict stays in all societies and religions as long as humans spread across the entire planet but most important is to manage it. Various conflict resolution approaches have become widely accepted. The significant way of resolving disputes has been through the courts. Initially people were settling their disputes through mediation. But this approach has failed due to intervention of politics and violent communal feelings among the people.
Justice warren Burger, the former CJI of American Supreme Court had observed: “The harsh truth is that we might be on our way to a culture overrun by masses of lawyers, hungry as locusts, and bridges of Judges in numbers never before contemplate. The notion that ordinary people want black robed judges well-dressed lawyers and fine panelled court room as to resolve the dispute, which is not correct. People with legal problems like people with pain, want relief quickly and cheap” There were much delays in settlement though courts but also become popular among the people. ADR will achieve the goal of rendering social justice to the parties and dispute. ADR includes mediation, arbitration, conciliation, negotiation, expert determination and adjudication.
ADR tries to provide simple, cheap, accessible and quick justice. It is process in which disputes are settled with the guidance of third party and in the manner agreed by both the parties. It resolves the dispute with less expenditure of money and time and also maintains the confidentiality of the subject matter. ADR objective is not only resolving disputes but also harmonizes the relation of the parties. People always have the option of choosing convenient and viable option to solve the dispute.
ADR comprises of two extensive...