What do you understand by Alternate Dispute Redressal (ADR) mechanisms? What are the reasons for their low adoption as the primary mode of dispute resolution in the country? Suggest measures for improvement.
Introduction
Recently, the central government as well as judiciary has been focusing on Alternate Dispute Resolution ADR as seen in passing of recent mediation Act (2023)
25 words
Main Body
What is ADR? As the terminology goes, ADR stands for those methods of settling cases which do not involve the formal and traditional judicial process. ADR is efficient, less time consuming, cheaper, more accessible, etc. and thus provides an option for justice for all. Various ADR Mechanisms: (diagram showing): Mediation, Arbitration, Negotiation, Conciliation, Lok adalat ADR thus helps in settling of disputes outside the courts. Reasons for low adoption: (1) Lack of public awareness and people's trust in ADR (2) Lack of people to appeal against decisions that makes them toothless and thus repeating the whole process again (3) Option to appeal against decisions that makes them toothless thus repeating the whole process (4) Lack of skilled mediators, negotiators, etc middle men/women (5) Insufficient power given to ADR mechanisms (6) Lack of proper infrastructure.
Reasons for low adoption continued: (7) Lack of last mile connectivity of these mechanisms (8) Insufficient support from lawyers, NGOs, etc in popularising ADRs Measures for improvement: (1) Giving conclusive power to ADR mechanisms like lok adalats in some cases eg. small family matters, some cases (2) Startinginstitutionalised training resources for middle persons like mediators, negotiators, etc (3) Raising awareness among public (4) Use of technology and using tele-labs, tele-consulting, etc (5) Enhancing participation from NGOs, etc to popularise these institutions Building the OPSP of Article 39 ie. Justice for all and this potential must be utilised.
Conclusion
ADR has potential of building the DPSP of Article 39 i.e. Justice for all and this potential must be utilised.
20 words
Diagram
Various ADR Mechanisms: Mediation, Arbitration (at top), Negotiation, Conciliation (in middle), Lok adalat (at bottom)
BACHHAV KARTIK RAVINDRA
Separation of Powers and Dispute Redressal Mechanisms
Dispute Redressal Mechanisms
Alternate Dispute Redressal Mechanisms
276
Total words
1
Paragraphs
analytical
Tone