Alternate Dispute Resolution System: A Prudent Mechanism of Speedy Redress in India

Abstract

Alternate dispute resolution is becoming more and more popular in India in the present day context. The backlog of cases is alarmingly increasing and disposal of disputes expeditiously are a must for the maintenance of rule of law in the largest democracy in the world. The economic liberalisation in 1991 made more burdens on the courts. The present paper discusses the use of ADR as a tool to reduce the backlog of cases in India through Arbitration, Mediation and Conciliation. Lok Adalats, Gram Nyayalayas and Nyaya Panchayats are the contribution of India to the jurisprudence of ADR. The new Nyaya Panchayat Bill, 2006 and Gram Nyayalayas Bill, 2007 are examined closely. This paper argues that the concept of ADR should be "Indianised" to adapt to the local conditions. In order to counter the opposition from the lawyer community, the law schools should include curriculum to train the law students for amicable settlement of the disputes rather than the present system of promoting litigation.

Keywords: ADR, India, Arbitration, Mediation, Conciliation, Nyaya Panchayats, Nyayalayas Bill