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Attraction Towards ADR From The Conventional Judicial System

We know that Our Indian Judiciary System is one of the oldest Judicial system in the world. We Can see from history Numerous times that there are different types of law enforcement agencies and systems. Britishers planned our Indian Judiciary System during the 19th century and from there our Indian Judiciary expanded from time to time.

But now it is also well Given fact that Indian Courts and Tribunals is getting Hamstrung to deal with pending cases, Indian courts and Tribunals are choked with long unsettled cases. The Condition is that even after setting up Further than a thousand fast track Courts that have Formely settled millions of cases the problem is far from being solved as pending cases are still piling up.

To deal with such a situation Alternative Dispute Resolution (ADR) can be a helpful mechanism, it resolves conflict in a peaceful manner where the result is accepted by both the parties.

Alternative Dispute Resolution

The Conceptualization of Alternative Dispute Resolution (ADR) medium is able to furnishing a cover to the conventional styles of resolving controversies by Our Judicial system. ADR offers to resolve all types of matters including civil, commercial, industrial and family etc., where people are ready to start any type of negotiation and reach a settlement. Generally, ADR uses a neutral third party who helps the parties to communicate, Bandy the differences and resolve the dispute. It is a system which enables individuals and groups to maintain co-operation, social order and provides chances to reduce hostility.

Significance Of ADR In India

ADR plays a significant part in India by its diffrent techniques. Alternative Dispute Resolution mechanism provides scientifically developed ways to Indian judiciary which helps in reducing the Load on the courts. ADR provides various methods of settlement including, arbitration, conciliation, mediation, negotiation and lok Adalat. Here, negotiation means self-counseling between the parties to resolve their dispute but it doesn't have any statutory recognition in India.

ADR is also mentioned in such fundamental rights, article 14 and 21 which deals with equality before law and right to life and personal liberty respectively. ADR's motive is to provide social-economic and political justice and maintain integrity in the society Sanctified in the preamble. ADR also strives to achieve equal justice and free legal aid mentioned under article 39-A relating to Directive Principle of State Policy(DPSP).

Historical Perspective: Ancient And Medieval India

  • Kulas: Family or Clan Assemblies
  • Shrenis: Guilds for the men following the same Occupation
  • Parishads: Assemblies of Learned men who Knew Law
  • Village Panchayat: The justice system at village or Panchayat level. It Is started By central Government.

Acts And Law Related To ADR In India From Past To Present:

  • Bengal Regulation Act, 1772
  • Indian Arbitration Act, 1899
  • Civil Procedure Code, 1908
  • Arbitration Act, 1940
  • Legal Services Authority Act, 1987
  • Arbitration & Conciliation Act, 1996
This all Acts are made Time to Time and aged one get repealed or get Amendment by the New which framed by law makers. Now Generally Arbitration & Conciliation Act 1996, Legal Services Authority Act 1987 and Section 89 of CPC is used.

Advantages Of ADR:

  • Less time consuming as People resolve their dispute in short period as compared to Courts
  • Cost effective method as it saves lot of money if one undergoes in litigation process.
  • It is free from technicalities of courts, here informal ways are applied in resolving dispute.
  • People are free to express themselves without any fear of court of law. They can reveal the true facts without revealing it to any court.
  • Efficient way as there are always chances of restoring relationship back as parties discuss their issues together on the same platform.
  • It prevents further conflict and maintains good relationship between the parties.
  • It preserves the best interest of the parties.

Scope Of ADR Methods:

  • Family Disputes
  • Personal Injuries
  • Employment disputes
  • Commercial disputes
  • Consumer dispute
  • Property disputes

Various Modes Of ADR
There are many Methods of ADR globally but in India only some methods are usually used. We can see them as:
  • Arbitration
  • Conciliation
  • Mediation
  • Judicial Settlement Through Lok Adalats
Conclusion
As We see Today most of the People are get Attracted towards the ADR from the Conventional Judicial system . It may be Good or Bad . But People Get their Rights and get Justice easily through The ADR . So it's Correct to say that in Future ADR Is the Main or First Priority to Solve any Dispute. After this anyone goes to the Conventional Judicial System.

Resolving legal disputes can take a lot of time and money. Cases can stretch on for months and years, and become progressively more expensive as they do so. For many, seeing a matter all the way to the end using traditional litigation is not feasible, both financially and because of the timeline.

Alternative Dispute Resolution (also known as ADR) provides parties to a legal action the opportunity to avoid the delays and costs that are associated with court.

So We can Say That ADR Is the Future of Judiciary not only in India But also In the World.

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