ALTERNATIVE DISPUTE RESOLUTION SYSTEM: PURPOSE OF ADR MECHANISM

MECHANISM

Alternate Dispute Resolution, is a procedure for settling a dispute by means other than litigation, such as arbitration, mediation or mini-trial5.

1 http//Pib.nic.in/archieve/ireling/Iyr2002/rjan 2002/r070/20022 html

2 Arbitration And Alternate Dispute Resolution, Dr. N.V.Paranjape, Third Edition

3 Surjeet Singh & Others vs. Harbans singh & Others, AIR 1996 SC 135

4 Judge Supreme Court of India.

The purpose of ADR is to resolve the conflict in a more cost effective and expedited manner, while fostering long term relationships. ADR is in fact a less adverse means, of settling disputes that may not involve courts. ADR involves finding other ways (apart from regular litigation) which act as a substitute for litigation and resolve civil disputes, ADR procedure are widely recommended to reduce the number of cases and provide cheaper and less adverse form of justice, which is a lesser formal and complicated system. Off late even Judges have started recommending ADR to avoid court cases.

HISTORICAL BACKGROUND OF DEVELOPMENT OF ADR

Alternate Dispute Resolution has become an indispensable need for today’s world. Our Court’s are already overburdened by arrears which appear to be insoluble in near future, Cases are increasing in courts in a super fast speed and the courts have proved to be helpless in rendering speedy justice in majority of the pending cases, so much so that: A resolution had been adopted by the Chief Minister and the Chief Justices of The High Courts on 4th of December 1993, declaring that the courts were not in a position to bear the entire burden of the justice system and that a number of disputes would be better settle, if resolved by alternative modes like; Arbitration, Mediation and Negotiation, Alternate to dispute resolution need to have procedural flexibility in order to save time, money and avoid miseries and delays associated with conventional trial, under the scheme of ADR the litigants are in fact encouraged to resort to alternative dispute resolution, so that the actual court systems would be left with a smaller number of important disputes that demand judicial attention.

The closing years of the 20th century witnessed a world wide change, towards the growing trend of resolving problems of disputants; it was during this time that the popularity of ADR methods as a good substitute for conventional judicial convention gained popularity.

ADR as a mode of dispute resolution has been quite popular with the business community, Due to globalization of economy and competitive market policy; there has been a tremendous increase in trade, commerce and industry, which has resulted in a surge in disputes pertaining to commercial transactions and businesses. Business community and industrial entrepreneurs cannot afford to indulge in protracted litigation and thus prefer to get their disputes settled through ADR.

To Quote, Mr. Justice A.M. Ahmadi7, While we encourage ADR Mechanisms, we must create a culture for settlement of disputes through these mechanisms, unless members of bar encourage their clients to settle their disputes through negotiation such mechanism cannot succeed. Thus to summarize the above discussion ADR shall be instrumental in tackling the menace and monstrosity of what is known as Docket Explosion -“, An unmanageable upsurge in the number of pending cases, before regular courts.