Alternative Dispute Resolution (ADR)
INTRODUCTION
The Alternative Dispute Resolution (ADR)
mechanisms
Out of court settlements
Mooted as a guiding light
Cheaper and faster than ordinary judicial
proceedings
Lok Adalats, arbitration, mediation and conciliation
Alternative Dispute Resolution (ADR)
THE LAW COMMISSION OF INDIA 14TH REPORT
Delay results not from the procedural lay down by the
legislations but by reason of the non-observance of many of its
important provisions particularly those intended to expedite
the disposal of proceedings.
Given the huge number of pending cases, the governance and
administrative control over judicial institutions through manual
processes has become extremely difficult.
The access to justice and fair trial is a human right. In some
countries trial within a reasonable time is a part of the human
right legislation. But, in our country, it is a Constitutional
obligation in terms of Article 14 and 21.
Recourse to alternative dispute resolution as a means to have
access to justice may, therefore, have to be considered as a
human right problem. Considered in that context the judiciary
will have an important role to play.
Alternative Dispute Resolution (ADR)
CONCILIATION
Conciliation is a process of persuading parties to
reach agreement, where the decision is that of the
parties arrived at with the assistance of the
conciliator.
According to the Arbitration and Conciliation Act
1966, the rule of procedures as in Section 66 clearly
stresses the fact that the thread of natural justice
should run through the entire conciliation
proceedings.
Likewise, Section 67(1) and Section 67(2) highlight
the conduct of independence and partiality; fairness
and justice in the act of the conciliator respectively.
Alternative Dispute Resolution (ADR)
MEDIATION
A non-binding procedure in which an impartial
their party, a mediator, assist the parties to a
dispute in reaching a mutually satisfactory and
agreed settlement of the dispute using various
procedures, techniques and skills arriving to a
negotiated agreement without adjudication.
It is based on three main benefits – Informality;
Privacy and Confidentiality; Time and Cost
Savings.
Mediation Centre for Women showed up giving
special status to women and settlements of their
exclusive problems. In Tamil Nadu, both men and
women Mediation Centre are institutionalized.
Alternative Dispute Resolution (ADR)
CONCEPT OF LOK ADALAT
It is defined as a forum where voluntary effort aimed
at bringing about settlement of disputes between the
parties is made through conciliatory and pervasive
efforts.
It was being organized in order that the legal system
promotes justice on a basis of equal opportunity.
minimizes litigation expenditure, time , inexpensive
and prompt remedy appropriately to the satisfaction
of both the parties.
Alternative Dispute Resolution (ADR)
ADVANTAGES
Compared to court-based adjudication, the potential advantages of
arbitration flow from three fundamental differences -
1. Parties can choose the arbitrator, whereas a judge is typically
assigned.
An arbitrator can be chosen with expertise in the subject matter
of the dispute,
2. Arbitration may proceed more quickly because of its
comparative procedural informality.
3. Relates to the scope of judicial review.
Alternative Dispute Resolution (ADR) PREDICAMENTS OF OUR CRIMINAL SYSTEM AND
RESOLUTION VIA INTRODUCTION OF ADR TECHNIQUES:
India for dispensation of criminal justice follows the
adversarial system which is inherited from the British
Colonial Rulers (common law). In this system firstly the
accused is presumed to be innocent and the burden lies on
the prosecution to prove beyond reasonable doubt that he is
guilty.
Secondly there is no positive duty on the judge to discover
truth thereby making him play a passive role and is heavily
inclined in favour of the accused and is insensitive to the
victims’ plight and rights, allowing most of the accused to
escape conviction which has eroded the confidence of the
people in the efficacy of the system and made it necessary
to seek out remedies outside the traditional parameters.
Thirdly the system operates like a two-sided structure under
which the prosecution is pitted against the defence and
justice is done when the most effective adversary is able to
convince the judge or jury that his or her perspective on the
case is the correct one thus making the system a resource
based system
Alternative Dispute Resolution (ADR)
INTRODUCING VARIOUS METHODS IN OUR CRIMINAL
DISPENSATION WOULD RESOLVE THE ABOVE PREDICAMENTS
IN THE FOLLOWING WAY:
No presumption or any kind of burden of proof on either of the
parties
when he opts for any method of ADR or goes in for any informal
settlement he knows well that he may not get all what he wants,
but he will not lose everything.
Judges in such proceedings are not bound by any strict procedural
rules.
The role of lawyers is minimal in ADR proceedings
Eminent retired judges to act as judges and neutral parties in
ADR
With ADR system the Government would be able to reduce the
Alternative Dispute Resolution (ADR)
INTERNATIONAL CENTRE FOR ALTERNATIVE DISPUTE
RESOLUTION (ICADR)
The ICADR is a unique Centre in India which makes a provision for
promoting, teaching and research in the field of ADR and also for
offering ADR services to parties not only in India but also to parties
all over the world.
The International Centre functions with principal objectives like:
To propagate, promote and popularize the different modes of ADR;
To provide facilitate and administer for holding the proceedings;
To promote reform and a healthy development suitable to the
social, economic and other needs of the community;
To undertake teachings and impart training in ADR.
