- INTRODUCTION
The term ADR means Alternative Dispute
Resolving System, is used to describe a variety
of dispute resolution processes that are available
in alternative to full-fledge court process.
This includes settlement through mediation,
negotiation, mini-trial, arbitration etc. Most
of the systems look and feels very much like a
courtroom process. Processes designed to manage
community tension or facilitate community
development issues can also be included within
the area of ADR. In the Indian context, Alternative
Dispute Resolution (“ADR”) as a method of
dispute resolution may trace its evolution to
certain drawbacks in the judicial system of
the country. To overcome the shortcomings of
the judicial process the aggrieved parties now
days tend to go for ADR process. ADR process
may generally be categorized as negotiation,
conciliation/mediation or arbitration systems.
Since the legitimacy of the ADR mechanism is
premised on parties consenting to the process, the
costs of engaging with either the parallel system
or benefiting from the ills of the formal system
have to be raised considerably high to drive the
parties to consent to the ADR processes.
It is a question for our perusal that with
what aim and object these ADR models were
introduced? Whether that has been achieved or
not? Or the whole efforts are futile? - MODELS OF ADR USED IN INDIA
Many ADR models as well as hybrid of ADR
models are presently available in India. For e.g.
panchayats, arbitration, conciliation, mini-trial,
fast track system, negotiation, Lok adalat etc.
Lok adalats are useful for settling motor accident
claims and revenue matters. However, complex
litigation must necessarily take place within the
formal legal system.