Dispute Resolution Methods in India

 

India’s judiciary system is one of the oldest in the world. It is a fact that India’s judiciary system is still working in obsolete and outdated methodology. After seven decades of independence, there is no place for innovation in the system, and inefficient to deal with pending cases. Resultant, millions of unsettled cases are pending in court. Therefore, to dispose unsettled cases quickly, dispute resolution method is an effective methodology. Dispute resolution method is also known as Alternative Dispute Resolution is an effective mechanism to resolve conflict efficiently and its outcome is also accepted by both parties.

In the slow and sluggish judiciary system in India, there is a great significance of Alternative Dispute Resolution (ADR) related services. Techniques included in dispute resolution methods are highly effective and also reduces the burden on the court.  There are various methods that come under dispute resolution services including arbitration, conciliation, mediation, negotiation, and Lok Adalat.     

Various Dispute Resolution Methods in India:

Arbitration:

In this type of dispute resolution method, parties refer their dispute to the independent person called an arbitrator. An arbitrator gives a fair decision without necessary delay and expense.

Mediation:

In this type of dispute resolution method, a third neutral party aims to assist two or more disputants in reaching agreement. Mediation is totally controlled by parties and the mediator gives unbiased and justified decisions after observing the view of parties.

Conciliation:

Conciliation is different from arbitration and less formal in nature. A Conciliator meets with the parties to settle their disputes. He/ she meets with parties separately to settle their disputes.  Conciliators meet separately to reduce the tension between parties, to improve communication, interpret issues, and bring about a negotiated settlement quickly.

Lok Adalat:

Lok Adalat is also known as people’s court.  Retired Judicial officer, social activist, or member of the Legal profession becomes chief of Lok Adalat.  Any old and unsettled case pending in regular court is referred to in Lok Adalat.  There is no court fee and rigid procedures are followed in Lok Adalat. 

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