Alternative Dispute Resolution: It is known to all that are present judicial system is extremely expensive and time-consuming. The parties to the dispute have to wait for justice for years .this naturally reduced the faith in the judicial system. This weakness of the judicial system has given birth to alternative remedies for the disposition of disputes. when alternative remedies provide fast justice with their use is increasing day by day.
Prior to proceeding further, it shall be appropriate to state hair that alternative dispute resolution system is not an option to the official judicial system but it is supplementary to it.
Alternative dispute resolution techniques
The following main techniques are used for the settlement of disputes:
- Negotiations: The first alternative dispute resolution technique is negotiation. it is the most simple and less expensive mode of disposition of disputes. both the party sit together to discuss the dispute and trying to find the solution of the dispute mutual decision does not involve the reference of the third party. if parties discuss with clear heart and patience it increases the possibilities of achieving a solution. the mutual decision required a harmonious atmosphere. if a party does not make the dispute a question of its prestige then the solution is easy.
- Conciliation and Mediation: Alternative dispute resolution technique is conciliation and mediation. When the party’s failure to solve their dispute by mutual decision then third person help is taken. Search the third person is called conciliator or mediator. He is Sachin important person who is not related in any way to the dispute. He makes perfect for discussion or conciliation between the parties. He makes recommendations to dispute and assists the conflicting parties to find out a solution to the problem .he also use his virtuous disposition and his influence.
- Med-Arbitration: The third alternative dispute resolution technique is med arbitration. Where in the settlement by negotiation is failed then the conflicting parties authorised III independent person to adjudicate upon the subject matter of dispute and the decision of such third person is binding upon both the parties? This mode is not controlled by the arbitration act and there is no formalities the reference of the dispute is also made informal way under it.
- Medola: When the party fails to reach any settlement of the dispute by mediation then the process of Medola beings. In this method, the person who doing mediation occupies the place of the arbitrator . This person impartially picks up the dispute points from the proposal taken between the parties during the negotiation. Dispute. So pick up by that third person is binding upon the parties. That person keeps the agreed point aside and the dispute. Are taken up so as to settle the dispute by taking a middle course to the satisfaction of the parties in dispute.
- Mini-trial: The mini-trial is also an important alternative dispute resolution techniques. This is different from a formal case trial. In this method, the party have the freedom to select and impartial and honest person of undisputed integrand the parties can present their case in a summarised form. That person on the basis of submission of the parties considers the positive and negative point concerning the parties and thereafter he renders advice to the parties and makes effort to get settle the method by the parties. The parties believe in such a person and negotiate on such advice because such a person is an impartial and honest person and Standards his advice after hearing both the parties.
- Arbitration: Arbitration is an effective alternative dispute resolution techniques. Parties to disputes referred the disputes to arbitration. The arbitrator is also appointed by the parties to dispute. Arbitrator passes an award after giving an opportunity of hearing to both the parties. Search a word on being final has a binding effect over the parties like a decree of a court. The arbitration and conciliation act 1996 provide only for arbitration. One form of arbitration is a fast track arbitration. Init the arbitral proceeding are conductive very fast and the dispute is solved within a few days. It is generally used to solve trade and commercial disputes.
- Pre-trial conciliation: The mode of pre-trial conciliation is also increasing in these days. It was first used in the state of Himachal Pradesh and now most of the state of following it. In this conciliation is attempt before commencing the trial. Provisions in this regards have also been made in the Legal Aid authority act 1987.
- Lok Adalat: Lok Adalat is the most popular alternative dispute resolution techniques. Now the LokAdalat have obtained a legal form. Numerous cases are being settled expeditiously and with less expensive by way of Lok Adalat. They are the oldest form of the resolution process. Lok Adalat is not a new name in India . from ancient time LokAdalat have prevailed in one way or the other. There was a time when in village disputes of society and family where being settled by the reputed person of society and family such person were made 500 mediator for solving disputes this word letter known as PanchParmeshwar the decision of these 5 and mediators were accepted by all and work binding on all. Disputes were of often solve at chaupal of the village the pants and mediators did justice before the public at this chaupal and Justice was like equity justice and good consigned this tradition of judicial Addajudication continue and become famous in modern time is Lok Adalat.
Lok Adalat provide sufficient opportunity of hearing to both the parties. Section 19 of the legal service authority Act 1997 provides the Lok Adalat. The Lok Adalat was conducted by the judicial officer advocate and social workers. It attempts to achieve compromise or settlement between the parties and award passed by Lok Adalat is equivalent to a decree of Civil Court. Of forms which solve the dispute between the parties through compromise or settlement is Lok Adalat. The concept of Lok Adalat is extremely ancient. It was known in pass S PanchParmeshwaraur justice at chaupal.
Permanent Lok Adalat:
The amendment of 2002 in the legal service authority act 1987 provides the permanent Lok Adalat. These are constituted by a judicial officer of Higher Judicial Service of the rank of district judge and two other members. This LokAdalat finalizes the cases related to public utility service:
Award passed by permanent Lok Adalat:
- Shall be final
- Is binding over parties
- Shall be equivalent to the degree of a Civil Court
- Is not capable of challenging in any civil suit application or execution proceeding. (Section 22 two of the legal service authority act 1987 provides the public utility service).
The benefit of alternative remedies
The growing importance of alternative dispute resolution system has variation reason like-
- It is an extrajudicial proceeding
- The technical rules of code of civil procedure and Evidence Act does not apply over it
- Then lead to quick disposal of disputes
- It is left the expensive system
- Advocate are not required in it
- Parties themselves appoint conciliator and arbitrator so that they reduce the chance of biases and corruption.
- All these proceedings are conducted in harmony see atmosphere so that the relation of parties remains good.
- The solution neither leads to loss and win of any party it is said the to this extent regarding LokAdalat that summary of Lok Adalat now wins no loss.
- This system reduces the burden of courts.
Its importance in India
Alternative dispute resolution system has great importance in India here, Numerous cases are pending in the court which required a lot of time for the disposal and are also expensive. On 25th fact 2001, it has been stated by the law minister Arun Jaitley in Parliament that there is 2 crore 34 lacs pending cases in courts for decision. Alternative modes for their resolution are required for their quick disposition.
It also showed the main reason of introducing present arbitration and conciliation act 1996 due to the reason of an increase in a number of cases in court delay in the trial extremely expensive system except the alternative dispute resolution is required to be promoted. Also, India is an agricultural country there is a majority of farmers and villagers most people are illiterate and poor hence because of this reason is the alternative dispute resolution system could be a boon for India.
The custom to solve disputes by way of arbitration and conciliation is being off allowed from the past. Disputes where solved in village weather at chaupal or by negotiation of prestigious people. Before the beginning of formal administration of justice arbitration and conciliation where are the major source of administration of Justice. Arbitration is a good method of solving disputes bhaiya selected person with the mutual consent of both the parties to disputes in which such selected person act as judge. With the passage of time Panchayat was created and a group of 5 persons started providing justice later this system was called arbitration. Regulation of various provisions that is regulation of Bengal, China and Mumbai had the place for this system. The Bengal regulation of 1793 provided a system of referring the disputes with the consent of the parties to the arbitrator or adjudicator. Letter on the provisions for the appointment of an arbitrator was made in the civil procedure code 1859 and arbitration act 1899. Under the Bengal regulation of 1822 powers to arbitrate were also delegated to the revenue courts. Slowly with time, the system of arbitration kept on increasing. In 1940 arbitration act was enacted which was applied equally throughout India. With the passage of time, this act was also criticized and its defects started to come into knowledge. It resulted in the passing of a new act in 1996 called arbitration and conciliation act.
Arbitration is an easy or simple platform to solve disputes. Solving disputes through arbitrator is an ancient custom. In the past when any dispute arose in the village it was solved by the help of punches. Such a path where the reputed person of the village and there was faith and confidence over them. Their decision was binding overall. With the passage of time, it’s adopted the nature of law and was being called arbitration. Not only this it was provided International nature by Geneva Convention 1927 and New York convention 1958.