Alternate Dispute Resolution Mechanisms

by: Jaya V. S.

Alternate Dispute Resolution or ADR mechanisms evolved to provide a solution to legal disputes and to do complete justice to the persons in conflicts. It is a voluntary process that is gradually gaining legal recognition. The ADR is at present a movement all over the world to find an answer to the never-ending litigation, where solutions are almost never reached. The society, state and the parties to the dispute are equally under an obligation to resolve the dispute before it disturbs the peace in the family, business community, society or ultimately humanity as a whole. In a civilized society, the rule of law should prevail and principles of natural justice should apply and complete justice should result. Arbitration, mediation and conciliation are accepted modes of alternative dispute resolution mechanisms. Certain kinds of disputes such as matrimonial disputes, family disputes, disputes with neighbors and several other categories of petty civil and criminal cases, which form a substantial percentage of pending litigation, can be better and more satisfactorily resolved by organized and institutionalized processes of mediation or conciliation through intervention of public spirited, respected and senior citizens. These processes may often allow for a greater consideration of local sensitivities and customs. This chapter is an introduction to the ADR systems in India

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