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
Alternative Dispute Redressal ADR is a mechanism to resolve disputes outside the court with more flexible & people friendly environment, based on Gandhian idea of Gramraj.
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Main Body
Alternative Dispute Redressal ADR is a mechanism to resolve disputes outside the court with more flexible & people friendly environment, based on Gandhian idea of Gramraj. ADR mechanisms in India: i Lok Adalats established under the Legal Services Authority Act, to provide free & binding-ADR Solutions. Example: Permanent Lok Adalats. ii Arbitration - under the Arbitration & Conciliation Act, provide for more formal resolution. iii Mediation under Mediation Act 2012, where mediators helps litigants to reach middle ground.
Reasons for poor adoption: i Lack of awareness, as majority population lives in rural issues with little contact with such institutions. ii Lack of trust & credibility eg Lok-Adalats decision are alleged that they are law-binding forced. iii Costs - involved in Arbitration & conciliation mechanisms are large. iv ADR mechanisms lack required funds & infrastructure to provide countryside services. Measures that can be taken: i Awareness by unveiling the civil society groups.
Regd- NGOs like ADR, POCL. ii Costs involved can be reduced via funding mechanisms by the government. iii Accreditation of institutions to provide required manpower, like the proposed Arbitrator Council of India. iv by IT & Digital technology to increase accessibility, on-the-go e-courts. Or is by ADR mechanisms that we can devise the gale UIA 39A, make justice affordable & accessible.
Conclusion
Or is by ADR mechanisms that we can devise the gale UIA 39A, make justice affordable & accessible.
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SAPNA CHANDEL
Separation of Powers and Dispute Redressal Mechanisms
Dispute Redressal Mechanisms
Alternative Dispute Redressal Mechanisms
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analytical
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