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THE ROLE OF ALTERNATIVE DISPUTE RESOLUTION (ADR) IN REDUCING COURT BURDEN

Hritik Mehrotra 0

 


THE ROLE OF ALTERNATIVE DISPUTE RESOLUTION (ADR) IN REDUCING COURT BURDEN.

Author- Bhoomika Gupta, B.A.LLB(Hons), C.M.P. Degree College, University of Allahabad, Prayagraj


Keywords-   Arbitration ,conciliation,  mediation ,conciliation , tribunals ,lok adalat ,International Commercial act .

ABSTRACT

Alternative Dispute resolution plays a vital role in reducing  the courts burden by solving the disputes outside the court without  strictly following  the  procedure of litigation. Process of ADR not only alleviate the courts burden but also  is beneficial for  citizens as well as for the legal system as  it provide flexibility ,easy access to justice, cost -effective work , faster justice system  as it does not follow lengthy procedure  like courts. This article aims to understand  the working and mechanism of Alternative Dispute  Resolution and it’s advantage ,how It reduces the burden of courts .Through this  article one Can understand the process of ADR and how it plays a crucial role in Indian judiciary system .The Article contains statutory laws ,statistical data regarding the ADR for better understanding  and knowledge

 

INTRODUCTION

“Courts of the country should not be the places where the Resolutions of the  disputes begins.They should be the places where the disputes ends  after the Alternative methods of resolving disputes  have been considered  and tried .”

-Sandra Day O’Connor

A very  initiative statute relating to the  subject of Arbitration in india was Indian Arbitration Act 1899, which was only applicable to the presidency towns of Madras ,Bombay ,&Calcutta . Now currently in india all the matter relating to Alternative Dispute  Resolution are covered by the  Arbitration and conciliation Act ,1966.All the disputes ,matter or any queries regarding the ADR are solved by the provisions covered under the Arbitration and conciliation Act  1966.                                                                                                                                                                                

 

Alternative Dispute Resolution consists of processes like  mediation , conciliation , negotiation and arbitration . Lok Adalats  are also a type of ADR  which  is established under  Legal service  authority act ,1987  which    come up with  swift action regarding solving the disputes  between the parties  with out-of -the court settlement . Indian judiciary system  is  encumbered  with many  pending cases out which many of them are of more than years .According to National Judicial Data  Grid (NJDC), total  pending cases in india are 4,58 75,621 of  both civil and criminal ,average time taken  for resolution exceeding 3years .According to the data, Most of the reason of the pending cases are that counsel not available. The initiation  of ADR was transformative for Indian justice system  as it  replaces  the traditional court system to some extent mainly in the context of civil cases . Customary  courts already have burdens  of cases  from both  civil and criminal wrong  which leads to the delay in  justice as  new cases are  also getting registered  ,which results in sluggish process of justice , increase burden on the  judicial staffs, which frequently   demoralize   individuals  or any beneficiary for seeking remedy  from the courts. It also demoralize the individual who are financially weak  for seeking justice as  court proceedings come up with various expenses  like court fee,  counsel fee and stipends .This process allows individuals to seek remedy from wherever they want from according to their requirement and eassiness .Many disputes are settled out side the court by the ADR process reducing the burdens of court like disputes relating consumers ,beneficiaries, corporate companies .Disputes relating to the contract like breach of contract, breach of trust are also settled by ADR .ADR is even helpfull or beneficial for case relating  law of torts .It allows individuals  dominance over the process of getting justice ,as they choose themselves that by which ADR process they have to reciprocate their case like  through  mediation or conciliation or negotiation or arbitration and they can also proceed their case in lok adalats .

 

Looking ADR process internationally we can take an instance from the United  Nations   Commission  on   International   Trade  Law (UNCITRAL ) law based on the counterfeit of International   Commercial   Arbitration  1985  which consists of 36 articles  and was sanctioned or adopted on 21st June , 1985.It’s aim  was to establish solidarity in the law of Arbitration  internationally  whereever it’s jurisdiction is covered .Process of ADR at International level also play a vital role as foreign investors, entrepreneurs, multinational companies which have their  dealing  internationally  wants  to get their disputes settled without any hindrances , delaying .They do not want to get involve in the  sluggish  process of courts  . In this case, ADR processes are widely preferred by the people  or beneficiaries.

 

 

Types of Alternative Dispute Resolution  working

There are various process by which one get remedy  from the ADR in india .   Individual can decide by their own that by which type of ADR they have to resolve their Dispute.

 

q  Arbitration

In Arbitration Process , there is an  arbitrator who gives a binding decision which is also known as arbitral award  and this arbitral award is of  binding  nature and enforceable which cannot be denied by the parties involved .

Parties after getting  the  arbitral award  do not have any legal right to appeal  in the arbitrator’s decision. There is very minor  jurisdiction of judicial  intervention in the matter of Arbitration ,except  for some of the serious or interim cases.

Procedure in Arbitration  is less formal than any of the court hearing. Many disputes are resolved by the process of Arbitration like disputes relating  consumers ,

 

q  Conciliation

Issues consisting like family matters .In conciliation process ,there is a neutral third party which adjudicate the disputes between the concerning parties and that neutral third party is known as conciliator. Conciliator gives assistance to the party as to resolve the dispute by reaching to an satisfactory mutual endorsement which will be his decision for settling the disputes between the parties .

The parties concern have right to reject the the decision of the conciliator ,as it’s  decision is non binding in nature unlike in the case of  Arbitration where decision is of  binding nature .

If the resolutions given by conciliator for the settlement  between the parties is accepted by the parties then conciliator’s decision become binding in nature .

By this it isinferred that the process of conciliation have less formality than that of Arbitration.

 

q  Mediation

In the process of mediation there is a involvement of neutral third party which helps in resolving disputes between the parties who is known as mediator.

Mediator helps the parties to reach a satisfactory settlement for the disputes .He helps the parties to settle the disputes by the conversation  rather than decidingthe dispute.

There are some eligibility for the mediator which must be followed by parties or anyone before getting in a mediation process .

 

q  Negotiation

In the process of negotiation , there is no involvement of any third party .The discussion is initiated by the parties itself to reach the satisfactory settlement for the disputes. The decision by the communication is not of binding nature and can be rejected by any of the party .

 

Tribunals and Lok adalats are also type of ADR processes for solving Dispute Resolution.

 

Tribunals

It is a quasi judicial body consisting Members from both corporate and judicial background . Tribunals are setup  for resolving disputes in the specific area for which that particular tribunals is established .

Some of the examples of the tribunals are Central administrative tribunals (CAT), State administrative tribunals (SAT), Joint administrative tribunals (JAT), National green tribunal (NGT).

Legal background of the tribunals

Initially it was not the part of our constitution , later it was added by the 42nd Amendment act ,1976 .

Article 323-A  have it’s jurisdiction over administrative tribunals .

Article 323-B have  it’s jurisdiction over tribunals of other matters like food ,taxation  Rent tribunals and many more .

In 2021 , The honorable Supreme court  introduces Bill named  Tribunal Reforms Bill of 2021 .

 

Lok adalats

Lok adalats  which is also known as people’s court as it’s name suggest it is for the people of the country  , giving them access to the justice system which is easily available for the vulnerable sections also .

In lok adalat , there  is a judicial officer as a Chairman and it’s members consist of Advocate and social worker .

Legal background of lok adalat

Under Legal Service Authorities Act 1987,lok adalat has given a statutory legal status . The Act make provisions regarding the mechanisms of lok adalat and regulates it’s working .

Lok adalats are conducted by the institutions like National legal servicesAuthority (NALSA)alon with other institutions.

In 2002, the Amendment in National legal services Authority Act  leads to the permanent establishment of lok adalat .

 

Legal perspective of ADR System in  India

ADR System is also linked with the  Industrial Dispute Act 1947, as this Act send call  for conciliation along with the Arbitration for the dispute resolution  between the parties .

Section 89 of Civil procedure Code,1908 state that courts must invigorate parties to take help from ADR  for disputes resolution .

 

Case law relating ADR

  • Food Corporations of  India v. Joginderpal

In this landmark case ,the honorable Supreme court held that the  In the  process of Arbitration there must be the evaluation of real life problems it must be according to the reality of the society . It can lack technicality but must be accessible .

  • Rajasthan State Road Transport Corporation v. Krishna Kant

In this landmark mark case , the honorable Supreme Court  deals with the provisions of Industrial Dispute Act.

  • Bharat Aluminium Co. V. Kaiser Aluminium Technical Services, Inclusive (BALCO)  Case

In this landmark case , there was an conflicting condition that whether the courts within the india  have their jurisdiction over arbitration process internationally ,that is which took place outside the india.

In the judgement, honrable Supreme Court held that , there should not be the intervention of courts on the Arbitration process conducting internationally .

  • Venture Global Engineering v. Satyam Computer Services Limited .-2008

In this landmark case , the honorable Supreme court deals with the interim relief. It was held that Indian courts have it’s jurisdiction to possess the authority over the interim relief under Section 9 of the Arbitration and Conciliation Act ,1996 .

 

  • Board of Control for Cricket in india (BCCI)v. Kochi Cricket Pvt. Ltd -2018

In this landmark mark case , the honorable Supreme court  held that the decision of Arbitration are enforceable . It considers Arbitration as a dispute resolution mechanism .The decision of the honrable court have  toughen the Arbitration process.

 

Advantages Of ADR and how it reduces the court’s burden

 

v  Reduces Court burden

As courts are often burdened with the extensive amount of case filling,  on the regular basis .In this situation ADR helps  the situation by decreasing the burden of court by the outside court settlement .Through  the process of ADR many of the disputes are getting resolved without any formal proceeding in courts which leads to the parties getting more accessible to the justice . As ADRprocesss is decreasing the burdens of the courts ,then the court system is more accessible to handle more serious and concerning cases ,which requires proper formal litigation .

v  Reduces formality in getting justice

ADR provides very less formal  proceedings unlike the traditional or regular courts ,  it does  contains any complexities like extensive Court’s fee , complex litigation process , delay in decision making . Parties have to wait for long period for getting the hearing date ,In this situation parties often consider ADR process more suitable for their disputes.

Disputes relating to the consumer like getting defective product  can be resolved through ADR process there no need for any formal litigation in such types of situation.

v  Fast resolution of disputes

As mention above in the article it lacks  any formal litigation so it is inferred that the disputes resolved in lesser time as compared to the traditional courts.

Disputes like telecommunications which have minor problems  can be dealt with two or three sessions of ADR .

v  Accessibility of justice

By the process of ADR ,one  Can get easy access to the justice despite of his financial status or religious belief or caste .As it does require  parties to get an advocate for their proceeding which  is really helpful for the parties having vulnerable financial status .By the process of ADR , resources of justice are equally distributed.

v  Flexibility in scheduling

ADRs are  flexible in decision making as there is a scope of providing justice at grass root level and decisionare given according g to the circumstances ,there is a scope of adding  several new instances to process of ADR depending on the situation of the case .

v  Preserving confidentiality

Some of the parties does not want their names to be disclosed or their company’s name to be in front of society as they have concern that it affect their reputation in the society .In this situation parties or beneficiaries consider the Process ADR as perfect as it  satisfy their concern .ADR process are often consist of very less attendees unlike the traditional court proceedings .

 

CONCLUSION

As above mentioned how ADR System is really game changer in reducing court’s burden as it was also a main context of this article that how the process of Alternative Dispute Resolution  system is able to do that and it’s working mechanism .In Era of overburdenening court cases ADR is  really a great mechanism for that . ADR’s  system consist of Arbitration , conciliation, mediation ,negotiation ,lok adalats ,tribunals , which are very vital for the justice system in the country like india who have very vast and diverse population. Population of a country became a crucial factor for determining it’s  judicial System. Countries like india really need to less burden it’s courts for  having jurisdiction over more serious and concerning cases . Parties get tailored solutions for their disputes ,solutions are based upon reality of the society .ADR System provides flexibility to the parties also as it allows them to get Justice from whatever type ADRs they want .It is also culturally ,inclusive in nature as it understand the Robles at grass root level. It plays a very transformative role in shaping our judicial system by making it more effective ,responsive , accessible and accountable . It also deals with the specific areas according to which they are established like taking an example of tribunals. Talking about it’s way forward Indian judicial system is moving towards more eqitable and impartiality in justice .By encouragement of ADR in india we can achieve a strengthen Justice system which does lack in it’s efficiency. We all must work together to let this happen. For increasement of ADR judicial support is must as judiciary plays a role of back bone in balancing our society ,which is very important for getting harmony in our country .

 

BIBLIOGRAPHY


  • Role of Alternative Dispute Resolution (ADR) in Reducing Court Burden in India

  • Explore how Alternative Dispute Resolution (ADR) methods like mediation, arbitration, and conciliation help reduce the burden on Indian courts by providing faster, cost-effective, and amicable dispute resolution mechanisms.

    • Alternative Dispute Resolution
    • ADR in India
    • Court Burden Reduction
    • Mediation and Arbitration
    • Conciliation Process
    • Dispute Resolution Mechanisms
    • ADR Benefits
    • Judicial Backlog in India

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