Promote Alternative Dispute Resolution (ADR) Mechanisms: CJI

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• Chief Justice of India N.V. Ramana stressed the need for increasing the use of Alternative Dispute Resolution (ADR)  mechanisms like mediation that can change the judicial landscape, bringing justice to millions and settling grievances without protracted legal proceedings. 

Need for Alternative Dispute Resolution(ADR)

• It is a well known fact that the present Judicial System is extremely expensive and delaying. 
  • The parties to a dispute have to wait for Justice for years. 
• This lengthy and expensive process of litigation has reduced the faith of common people in the Judicial System being followed by the Courts. 
• These weaknesses of the Judicial System have given birth to alternative remedies for the disposition of disputes. 
• Alternative remedies provide cheap and speedy Justice and that is the reason that ADR mechanism is being preferred by the disputing parties for the resolution of their disputes.

• The Malimath Committee Report (1989-90) underlined the need for ADR mechanisms as a viable alternative to conventional court litigation.

What is Alternative Dispute Resolution?

• ADR refers to the methods of resolving a dispute, which are alternatives for litigation in Courts.
• Generally, it uses a neutral third party who helps the parties to communicate, discuss the differences and resolve the dispute.
• It offers to resolve all types of matters related to civil disputes, as explicitly provided by the law.
• It is capable of providing a substitute for the conventional methods of resolving disputes.
• Important Provisions Related To ADR
  • Section 89 of the Civil Procedure Code, 1908: Provides that opportunity to the people, if it appears to court there exist elements of settlement outside the court then the court formulate the terms of the possible settlement and refer the same for ADRs.
  • Acts dealing with ADR 
    • Legal Services Authority Act, 1987 (established Lok Adalat System)
    • Arbitration and Conciliation Act, 1996

Various Modes of ADR

• Arbitration:
  • The dispute is submitted to an arbitral tribunal which makes a decision on the dispute that is mostly binding on the parties.
  • It is less formal than a trial and rules of evidence are often relaxed.
  • Generally, there is no right to appeal an arbitrator’s decision.
  • Except for some interim measures, there is very little scope for judicial intervention in the arbitration process.
• Mediation:
  • An impartial person called a “Mediator” helps the parties try to reach a mutually acceptable resolution of the dispute.
  • He/she does not decide the dispute but helps the parties communicate so they can try to settle the dispute themselves.
  • It leaves control of the outcome with the parties.
• Conciliation:
  • It is a non-binding procedure in which an impartial third party, the conciliator, assists the parties in a dispute in reaching a mutually satisfactory agreed settlement of the dispute.
  • It is a less formal form of arbitration.
  • The parties are free to accept or reject the recommendations but if both parties accept the settlement document drawn by the conciliator, it shall be final and binding on both.
• Negotiation:
  • It is another form of ADR for resolving disputes. 
  • The parties agree upon a course of action and bargain for advantage.
  • Sometimes they try to adopt a creative option that serves their mutual interests.
  • It is the most common form of resolving a dispute and this process solves most disputes. 
• ‘Lok Adalat’:
  • It  is yet another form of ADR created as per the requirements of people in particular areas. 
    • Camps of Lok Adalat were initially started in Gujarat in 1982 and now they have been extended to all over India. 
  • The main purpose of establishment of Lok Adalats is to diminish the heavy burden of pendency of cases in the Courts which were of petty nature. The seekers of justice are in millions and it is becoming rather a heavy burden on the courts to dispose of such matters keeping in view the ever increasing litigation.

Advantages of ADR

• Less Time Consuming: People can resolve their dispute in a short period as compared to courts.
• Cost-effective: ADR saves all that money, which one spends if undergoing the litigation process.
• Less-Technical: It is free from technicalities of courts and informal ways are applied in resolving the dispute.
• No Fear of Court: People are free to express themselves without any fear of court of law. They can reveal the true facts without disclosing them to any court.
• Efficient Restoration: There are always chances of restoring the relationship back as parties discuss their issues together on the same platform.
• Prevent More Conflict: ADR prevents further conflict and maintains a good relationship between the parties and also preserves the best interest of the parties.

Limitations

• No Appeals: There is less or no scope of appeal in awards. Whenever there is a problem with the award, there would be no scope of appeal or correction.
• Varied Guidelines: It is difficult to choose among various guidelines and multiple institutions providing the facility of arbitration.
• Different Statutes: Due to different statutes for domestic and international arbitration, it is difficult to ascertain the applicability of the laws relating to international arbitration.
• Cross-cultural Language Barrier: Due to discrepancy in the language and culture of the two regions, it becomes difficult to bridge the gap and come to a unified solution.
• Unfamiliarity & lack of awareness: Most people still prefer the conventional method of going to courts and are also not informed about these options and the methodology.

What lies ahead ?

• According to CJI an “active effort must be taken by courts to make negotiations and mediation mandatory as part of case management and with adequate cooperation from all stakeholders, ADR can emerge as a tool of social justice in the country.
• The concept of ADR, through Lok Adalats, Gram Nyayalayas, mediation and arbitration centres, has the potential to transform the legal landscape of India by providing millions of people a platform to settle their grievances.
  • it can reduce pendency, save judicial resources and time, and allow litigants “a degree of control over the dispute resolution process and its outcome.
• It is one of the most empowering methods of resolving disputes as they maximise the participation of stakeholders.
• All those engaged in the justice dispensation mechanism including judges, lawyers, law enforcement agencies, and other agencies, need to have a thorough understanding of new and emerging technologies.
• Technology has the potential to simplify the process, and Indian courts have started utilising it, with the e-Committees taking up initiatives like developing E -filing, Computer Assisted Transcription, Document Display System and the integration of courts under one IT Infrastructure. 
  • ‘FASTER’ was also highlighted 
    • It is a digital platform  launched by the Supreme Court for fast and secured delivery of urgent court orders in encrypted electronic format to the stakeholders, as well as live streaming of court proceedings.

Source:TH