Alternative Dispute Resolution; Good Alternative to Access Justice

Submitted ByPalash Singhai Yogendra Singh Charan (2nd year students of Institute of Law, Nirma University, Ahmedabad)

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Abstract

Justice delayed, Justice denied An effective legal system is a reflection of civilized society and justice is the key foundation of it. 'An effective judicial system requires not only that just results be reached but that they be reached swiftly.' In commonplace perception judiciary is the tangible delivery point of justice. Resolving disputes is fundamental to the peaceful existence of society. Therefore, effective and efficient systems for determination of disputes become an obvious limb. As we all know that whenever a conflict arises because of the conduct of humans, they themselves derive way to resolve it. In a nation like India various conflicts arises every day and for resolution of these conflicts parties concerned reaches the Courts. There are several cases pending in courts whose proceedings are still going on. In some cases quick and speedy trial is necessary but because of the burden of pending cases it becomes impossible to conduct speedy trial. The Parliamentary Standing Committee on Home Affairs found that as of 2001, there were in 21 High Courts in the country, 35.4 lakh cases pending4. Of the 618 posts of High Court judges there were 156 vacancies as on January 1, 20005. The position in the subordinate courts was even more alarming. There was a backlog of over 2 crore (20 million) cases for as long as 25 to 30 years6. Of these, there were over 1.32 crore (13.2 million) criminal cases and around 70 lakhs (7 million) civil cases. It shows the pathetic condition of Indian Judiciary and it gives a reason for transformation in Judicial System. In this paper we would discuss about the Alternative Dispute Resolution for easy access to justice. Alternative Dispute Resolution can be divided into two subheads first is Arbitration and second is Mediation. Lok adalat is best example of Alternative Dispute Resolution. This very concept of settlement of dispute through mediation, negotiation or through arbitral process known as

decision of "Nyaya-Panchayat" is conceptualized and institutionalized in the philosophy of Lok Adalat. It involves people who are directly or indirectly affected by dispute resolution.