WHAT IF THERE WILL BE NO ALTERNATIVE DISPUTE RESOLUTION METHODS?
ABSTRACT?
Before directly plunging into the fact that what, will happen if there will be no alternative dispute resolution methods we must understand what exactly Alternative Dispute Resolution (ADR) means. Alternative Dispute Resolution means any process by which a dispute is settled outside the courtroom and the matter is being resolved without any trial. In the nutshell, we can say the process in which the dispute is settled without the intervention of judicial intervention and trial is known as Alternative Dispute Resolution. Through ADR one can resolve various matters including civil, commercial, industrial, family, etc. ADR uses the third party to communicate with the parties under dispute and through communication disputes are expected to be dissolved. The stringent and crucial thing while getting justice is the time and through ADR one can ensure justice in a jiffy period. In India there are more than 4.5 crore of cases pending before the court of law and we can see how much burden is prevailing on the Indian Judiciary System, the Supreme Court alone has more than 71000 cases pending and the number of cases is increasing day by day as the requirement of society is changing. At this point, ADR plays a crucial role in decreasing the burden that is subsisting on the Judiciary System. There are various forms of Alternative Dispute Resolution; some of the famous methods are –?
LOK ADALAT?
Lok Adalat is an alternative way in which the dispute which is pending in the court of law is settled or compromised in a friendly and effective manner. Lok Adalat was given status under the Legal Service Authorities Act, 1987. Lok Adalat is also known as the "People's Court" and it works for the public welfare to give a decision in less time. There are more than a 45million cases pending in all the courts of India and many cases are as old as 30 years and even more. Looking into this matter Lok Adalat plays a crucial role in disposing of the matters in less time and effective manner. The award which is provided by the Lok Adalat there is no provision for the appeal against such award. The first Lok Adalat camp was organized in Gujarat in 1982. Lok Adalat is often known for providing cheap and speedy justice to the people. Many peoples in the current scenario where the cases go under arguments for a longer period and final judgment comes after many years then with the help of Lok Adalat they could conclude their cases in a shorter interval of time.
Lok Adalat may be organized by –
The procedure of Lok Adalat –
Lok Adalat as mentioned above is organized by District/State/National legal service authority, High/Supreme Court, and Taluk legal service committee. Lok Adalat has a right to look into the matter and with the consent of the parties arrive at the compromised settlement in the last. It looks into the cases which are pending in court and the cases which should be brought to the court but have not been brought yet. The date on which Lok Adalat is to be conducted that date is being decided in advance and the date is kept generally on Saturday, Sunday, or any other holiday. The date is fixed so that if any person is involved in some other activity then they could make sure their presence on that day. The prime work of the Lok Adalat is to invite different judicial officers and the other distinguished member from local courts so that they could look into the cases that are brought for settlement before Lok Adalat and a proper decision could be given on the day of Lok Adalat. If Lok Adalat is organized at the District level then the senior-most judicial office i.e. Principal District Judge is invited to inaugurate the Lok Adalat same procedure is followed for higher levels as well. After the decision is given by the members of Lok Adalat about the settlement of the dispute a deed is signed by both the parties and their advocates. That deed is presented to the presiding officer of a competent court to which the dispute belongs and after checking the fairness of the deed the parties have to decide with their free consent and after the confirmation of other legal formalities, a decree is passed. The award passed by the Lok Adalat should be binding to both the parties and no appeal is to be made afterward.?
?Functions and Effectiveness of Lok Adalat –?
Lok Adalat accepts only those cases that are capable of settlement and disposing of, so the major type of cases that comes in Lok Adalat is – Motor vehicle accident and claims, Family dispute, land acquisition cases, criminal cases (compoundable offenses), labor dispute, bank recovery cases, and many others. The main objective of the settlement is – to restore family peace, achieve social peace and tranquility, and help people by giving speedy justice. It is expected from the Lok Adalat to increase its area of cases and also include some other subjects relating to grievous matters. All proceedings which take place in Lok Adalat is to be deemed as judicial proceeding within the meaning of the Indian Penal Code (1860) and every Lok Adalat should be deemed as a Civil Court for the Code of Criminal Procedure. There are some other forms of Lok Adalat as well – Mini Lok Adalat is organized in remote or ruler areas in the form of legal aid camps. Its function is basically to eradicate the social and family dispute between rulers and tribal peoples. Village Courts – these are the unit of self-governance just like village panchayats to provide legal help to the people. Mobile Lok Adalat is organized in the different parts of the country it travels from one place to another to provide legal aid to the people. Mediation centers are the alternative way of dispute resolution method under section 89 enacted by Parliament. It is the method by which a third party assists the parties under dispute to creatively resolve the matter without actually undergoing the dispute. Centers for women – are for giving special status to women and helping them. Their role is to deal with matrimonial and other social and real-life problems that women have to face during their daily life.
Lok Adalat is largely effective and successful in providing justice and legal help in a creative manner. There are many benefits of Lok Adalat some of which include – there being no court fee in the case of Lok Adalat and if the court fee is paid earlier in any particular court where the case was that case court fee that was paid earlier is refunded if the dispute is settled in Lok Adalat. There is no strict applicability of procedure law while the dispute is being solved in Lok Adalat there is complete flexibility in the procedural law. The parties can directly interact with their judges through counsel which is even not possible in the courts.??
ARBITRATION?
Arbitration is somehow like a court proceeding in which the evidence is given and the matter is being presided over by the third party and gives the decision on that particular issue. The third-party who gives the decision is known as the arbitrator, in choosing arbitration parties choose a private dispute resolution method instead of going to court. The principal characteristics of arbitration and why people opt for it are because following reasons –
领英推荐
In the case of Collins vs. Collin, the court held that "An arbitration is a reference to the decision of one or more persons, either with or without an umpire, of some matter or matter in difference between parties".
In the case R.V. Solution Pvt. Ltd. vs. Ajay Kumar Dixit & Ors. Delhi High Court held that non- signatory or third party can only be subjected to arbitration in exceptional cases without its consent.
CONCILIATION?
Conciliation is the process in which the dispute is resolved without litigation. It's a process in which the conciliator i.e. third party brings the disputable issue to an agreement. It is being overcome by lowering tension, improvement in communication, interpreting issues, providing technical assistance, and thus with the own sense of right or wrong comes to the settlement. The conciliator adopts his method to resolve the dispute and the step taken by him are not strict and legal.?
?Part III of the Arbitration and Conciliation Act, 1996 deals with conciliation. It's a process in which the parties in dispute agree to resolve the dispute through Conciliation. It's a very much friendly process in which the parties are allowed to decide the time and place for the venue of conciliation. It covers many disputes like industrial disputes, marriage disputes, family disputes, etc.?
MEDIATION
In mediation, a third party called a "Mediator" helps the parties to reach a mutually accepted resolution of the dispute. In Mediation the mediator only acts as a link between both the parties and allows the parties to communicate with each other. However, during the discussion between the parties mediator gives his point of view but to reach on mutually accepted resolution solely depends on the fact and the discussion of the parties. The main aim of Mediation is to bring the parties to a settlement.?
The mediator does not decide the dispute but the mediator helps the parties to communicate so that they can try to settle the dispute themselves. Hence, we can say the main role in mediation is that of parties and the mediator is just a connecting link.
NEGOTIATION?
Negotiation is a bargaining process between parties when both seek to reach an agreement that settles a matter of mutual concern and resolves the conflict. There are 5 steps to the negotiation of the process these are –?
It is a non-binding procedure in which discussion between the parties is initiated without the intervention of any third parties with the object of arriving at a negotiated settlement to the dispute. It is the process in which the parties discuss with them and with the proper negotiation of disputable facts comes on the conclusion and that conclusion could be termed as the result of the case. Negotiation occurs in business, non-profit organizations, government branches, legal proceedings, among the nation, and in personal situations such as marriage, divorce, parenting, and everyday life.
CONCLUSION
From the above discussion, we can conclude to the fact that the burden that is prevailing on our Indian Judiciary System can be eradicated through the ADR. As the no. of cases is increasing day by day every one of us must focus on the fact that other means are subsisting should also be used to dispute resolving. This can be achieved through the proper spreading of awareness among the people about the fact of Alternative Dispute Resolution Methods. The motive of ADR is to provide social-economic and political justice and maintain integrity in society. If these methods will not be present the burden on the judicial system will keep on increasing and the time for the trial and judgment would increase more than what time it takes today. The citizen must refer to these methods if they could be solved with this method rather than directly going through the litigation process which is often hectic.