Alternative Dispute Resolution: A New Judicial Mechanism of Modern Era

International Journal of Research and Analysis, 2014

12 Pages Posted: 2 Apr 2016 Last revised: 20 May 2016

See all articles by Aditya Sharma

Aditya Sharma

University of Petroleum and Energy Studies (UPES)

Manjeet Sahu

National University of Study and Research in Law (NUSRL); University of Petroleum and Energy Studies (UPES), Students

Date Written: 2013

Abstract

"Discourage litigation. Persuade your neighbours to compromise wherever you can.” - Abraham Lincoln.

The Constitution of India aims to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic inability. India’s socio-economic conditions warrant highly motivated and sensitized legal service programs as large population of consumers of justice are either poor or ignorant, illiterate or backward, and as such, at a disadvantageous position.

The focus is laid on Section 89 of CPC, 1908 and its need which has brought revolutionary change in terms of ADR practices in India. The concept of ADR is based on Principle of Natural of Justice and thereby justifies Rule of Law. This is much needed in countries like India where litigation causes a great deal of animosity between the parties due to the agony caused by the long-standing litigation.

ADR is a flexible judicial process which tends to support court reform, improve access to justice, increase disputant satisfaction with outcomes, reduce delay, and reduce the cost of resolving disputes. So, precisely saying, ADR aims at provide justice that not only resolves dispute but also harmonizes the relation of the parties.

Keywords: Constitution of India, Justice, ADR, Natural justice, Litigation

Suggested Citation

Sharma, Aditya and Sahu, Manjeet Kumar, Alternative Dispute Resolution: A New Judicial Mechanism of Modern Era (2013). International Journal of Research and Analysis, 2014. Available at SSRN: https://ssrn.com/abstract=2757443

Aditya Sharma

University of Petroleum and Energy Studies (UPES) ( email )

Energy Acres
P.O. Bidholi via Premnagar,
Dehradun, IN Uttarakhand 248007
India

Manjeet Kumar Sahu (Contact Author)

National University of Study and Research in Law (NUSRL) ( email )

AT- Nagri, P.O.- Bukru, Kanke-Pithoria Road
Kanke
Ranchi, Jharkhand 834006
India
8979010953 (Phone)

University of Petroleum and Energy Studies (UPES), Students ( email )

Dehradun
India

HOME PAGE: http://nusrl.ac.in

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