Alternative Dispute Resolution In India

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A Descriptive Study on Alternative Dispute Resolution in India By Mrs. Anjalli Vachhani (H.R. College of Commerce and Economics) Abstract: Fight is a fact of life. It is not moral or immoral. However, what is significant is how we accomplish or grip it. Negotiation practices are often essential to resolving fight and as a basic practice these have been around for many thousands of years. Alternative Dispute Resolution (ADR) refers to a diversity of rationalized resolution practices designed to resolve matters in disagreement more competently when the standard negotiation process fails. Alternative Dispute Resolution (ADR) is a substitute to the Formal Legal System. It is an alternate to litigation. It was being assumed of in view of the fact…show more content…
The system of dispensing justice in India has come under great stress for several reasons mainly because of the huge pendency of cases in courts. In India, in the recent years, the number of cases filed in the courts has increased tremendously thereby resulting in delays. Therefore, in a conference held in New Delhi on 4th December 1993 under the chairmanship of the then Prime Minister and presided over by the Chief Justice of India, a Resolution was adopted by the Chief Ministers and the Chief Justices of States. In this conference, the Chief Ministers and Chief Justices expressed their opinion that the courts were not in a position to bear the entire burden of justice system and that there was a need for resolution by alternative modes comprising of arbitration, mediation and negotiation. This would help to provide procedural flexibility, saving valuable time and money and avoid the stress of a conventional trial on the part of…show more content…
Key words: Alternative dispute resolution, Pros and Cons, Mechanism OBJECTIVES OF STUDY: 1) To study and analyse the various mechanisms through which one can seek Alternate Dispute Resolution in India. 2) To analyse and understand the pros and cons of the Alternate Dispute Resolution system in India. RESEARCH METHODOLOGY: The study is qualitative and descriptive in nature and for the purpose of the present study; mainly secondary data based research conducted by referring to a number of online articles, blogs and various other websites in order to get an in- depth understanding of the Alternative Dispute Resolution mechanism in India and its pros and cons. MECHANISMS FOR ALTERNATE DISPUTE RESOLUTION: The Alternative Dispute Resolution mechanism comprises of the

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