Need and Importance of Adr in the Indian Legal System

The Parliament of India enacted the Arbitration and Conciliation Act in 1996, which contains detailed provisions for the settlement of disputes arising out of a contractual or non-contractual legal relationship. The law provided for the commencement of conciliation proceedings, the appointment of conciliators and the assistance of appropriate bodies to recommend the names of conciliators or even the appointment of conciliators by that body, to submit statements to the conciliator and the role of the conciliator in assisting the parties in negotiating disputes between the parties. In 1999, the Parliament of India passed the Criminal Procedure Code (Amendment) Act, 1999, which inserted Section 89 into the Civil Procedure Code, 1908, which provided for the referral of cases pending before the courts to ADR, including mediation. The amendment entered into force on 1 July 2002. The Indian judicial system is one of the oldest judicial systems, a fact known worldwide, but nowadays it is also well known that the Indian judicial system is becoming inefficient in dealing with ongoing cases, Indian courts have been cluttered with unsolved cases for a long time. The scenario is that even after the creation of more than a thousand summary courts, which have already settled millions of cases, the problem is far from being solved, as pending cases are still piling up. He states: “The Chief Ministers and the Presidents of the Supreme Court felt that the courts were not able to shoulder the full burden of the judicial system and that a number of disputes could be resolved through other channels such as arbitration, mediation and negotiation. They stressed the desirability of parties to the dispute taking advantage of alternative dispute settlement procedures that provide procedural flexibility, save valuable time and money and avoid the stress of a treaty procedure. [6] In India, there were kulas, and people lived in families shared with their clans. As the caste system spread, people began to live in societies with their caste members. Disputes between the Kulas were resolved by the heads of families and clans.

Then came the system of formation of professional associations, in which the head or president of the association was appointed to settle the dispute between the acting parties. The main objective of the ADR mechanism is not to replace the rules of judicial procedure, but to reduce the duration of proceedings. Its few main objectives are mentioned below – As mentioned earlier, many pending cases is far too much for the current court system. This makes the judicial system slow and technically dead. Overcrowding and modern complications of human life make the justice system vulnerable to collapse in the future if there are no other effective means. For this reason, ADR intervenes to resolve disputes efficiently and harmoniously. It is well known that many cases are pending before Indian courts due to a lack of resources, including personnel and infrastructure. According to the National Judicial Data Grid, about 73 lakh cases are pending across the country.

However, various measures have been taken to improve the system, such as speeding up the judicial process, establishing new courts and increasing the number of judges, etc. In addition, in 1999, the trade union government amended article 89 of the 1908 Code of Civil Procedure and instructed the courts to try the possibilities of resolving pending disputes through arbitration or mediation or Lok Adalat, known as the ADR system. Although the above steps have been taken, the problem persists. Meaning of the dictionary of the word negotiation is a discussion aimed at reaching an agreement. Fundamentally, negotiation is a method of peaceful resolution of disputes by being flexible in various aspects. This method can be applied in any type of dispute, whether technical, legal or political. Only after independence will the formal legal system not be able to bear the full burden, and the system will require radical changes. Rising court backlogs, excessive delays in the administration of justice and the cost of litigation have gradually eroded people`s confidence in the system.

It is therefore now a question of examining and selecting an appropriate formal legal system, such as ADR procedures, and organising it in a more scientific way. Alternative dispute resolution has come a long way since its introduction into the Indian judicial system. Mediation centres across the country have opened up to the rapid and efficient resolution of disputes. Delhi is one of the cities whose mediation centre has seen many successes over the past decade. Delhi is one of the first cities in India to “effectively” reduce its pending cases through mediation. The mediation centres of Delhi`s six district courts have settled more than Rs 1 lakh of cases over the past decade and have helped reduce waiting times in municipal courts. A wide range of cases such as marital disputes, property disputes, minor criminal cases, civil cases and accidents, as well as old and pre-litigation issues, were settled by the six mediation centres. [5] Because litigation is seen as the primary means of resolving disputes, many of its complexities are emerging as people begin to favour methods that provide more informal, less costly and faster justice. India`s judicial system is plagued and cluttered with pending and unsolved cases.

People`s desire to facilitate access to justice has led to other avenues to be discussed in recent years. The importance of alternative dispute resolution (ADR) stems from the need to avoid rusty, cumbersome and inadequate court proceedings. With the ever-increasing burden of civil litigation, the court system is struggling to cope. ADR essentially involves a variety of optimized resolution techniques that are more efficient than traditional routes. Since its inception, ADR has come a long way in the Indian judicial system. Its concern is more in the mainstream of dispute resolution with the legal fraternity that underpins it. The variety of methods offered provides an appropriate lean billing method. Various centres across the country have opened up to the implementation of the ADR Principles for the settlement of disputes.

There are still discrepancies in the system that need to be ironed out. Many great things are expected in the near future, as it seems that ADR has not yet reached its full potential in India. Alternative Dispute Resolution (ADR) includes various means such as mediation, arbitration and mediation to resolve disputes outside the prescribed court system. Conciliation is a form of arbitration, but it is less formal. It is the process of facilitating an amicable settlement between the parties, with the disputing parties appointing an arbitrator who meets separately with the parties to resolve their dispute. Conciliators meet separately to reduce tensions between the parties, improve communication, interpret the problem in order to reach a negotiated solution It does not require prior agreement and cannot be imposed on a party who does not request arbitration. It differs from arbitration in this respect. We know that our lives are full of conflicts and to manage and resolve them, there are different techniques.

Negotiation techniques are often essential to conflict resolution, and these basic techniques have been around for thousands of years. Alternative Dispute Resolution (ADR) refers to a variety of resolution techniques developed to resolve issues more effectively when the normal negotiation process fails, ADR is an alternative to the formal legal system. It is an alternative to litigation that takes place outside the courtroom, as the courts are overloaded with cases. Therefore, we can undoubtedly say that ADR has come a long way as a dispute settlement procedure, with increasing success day by day. It is a boon to the justice system. Mediation and other alternative dispute resolution mechanisms are expected to play a major role in improving the judicial system in the near future and making it more efficient by resolving the backlog of pending cases that currently overburdens the judicial system.