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Vidhigya: The Journal of Legal Awareness
Year : 2009, Volume : 4, Issue : 2

Print ISSN : 0973-3825.

Alternative dispute resolution: a growing demand of our time

Pandey Shiv Ram, Advocate

Suprem Court of India, New Delhi.

Abstract

Judicial system in India has been under strong criticism due to its adversary character, the dilatory methodology and the high costs involved in judicial adjudication of disputes. The outcome of dispute seems to have been determined not by the client's actions, but by the autonomous operation of a system of rules, a mechanism of functional roles, or a ritual of ceremonial rules. Adversary litigation disrupts ‘natural harmony’ thought to exist in human affairs, relies on coercion rather than moral persuasion and fosters litigiousness and shameless concern for one's own interests rather than those of society at large. It has now been widely admitted that traditional adversarial process may not always be the best approach in dispute resolution. Hence Alternative Dispute Resolution is growing demand of time today, in India and also throughout the world.

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Keywords

Alternate Dispute Resolution (ADR), Arbitration, Mediation, Conciliation, Lok Adalat, Negotiation.

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