ALTERNATIVE DISPUTES RESOLUTION
Alternative
Disputes Resolution (ADR) system has been evolved in India to
decongest and avoid recourse to courts. The concept of ADR is
an effort to design workable and fair alternative to our traditional
judicial system. It is a fast track system of dispensing justice.
There are various
ADR techniques, such as, arbitration, mediation, conciliation,
mediation-arbitration, mini-trial and private judging.
ADR is not a substitute
for traditional method of resolving disputes through litigation.
In fact, it offers only alternative option to litigation. These
techniques have been developed on scientific lines in the US,
the UK, Canada, China, Japan, South Africa, Australia and Singapore.
ADR has emerged as a significant movement in these countries and
helped reduce cost and time taken for resolution of disputes.
It has also provided a less formal and less complicated form to
various types of disputes.
Another form of
ADR that has evolved in India is Lok Adalats. So far, the system
of Lok Adalats has been ad hoc and need based. Now, with the amendment
effected in the Legal Services Authorities Act, 1987, this year,
Permanent Lok Adalats are being set up all over the country to
adjudicate cases relating to public utility services upto the
value of Rs. 10 lakhs. All existing cases relating to public utility
services like telephones, electricity, water supply, civic amenities,
public transport, housing, insurance are proposed to be transferred
from courts to the Permanent Lok Adalats being set up for the
purpose.
The Government
has also set up an International Centre for Alternative Disputes
Resolution (ICADR) at Delhi since 1995 with its Chapters at Hyderabad
and Bangalore to provide for various types of arbitration and
logistic support to the system of ADR now evolving in the country.
The Arbitration
Act, 1940 was repealed by the Arbitration and Conciliation Act,
1996, which is based on UNCITRAL model arbitration law and UNCITRAL
Conciliation Rules. This has brought our arbitration and conciliation
laws at par with the advanced and developed countries. In the
new Act, "Conciliation" has also been given statutory
recognition as a means of settlement of disputes.
