Indian system though fair and powerful is awfully overcrowded and slow. Delay in justice further undermines the faith in the judicial system leading to people seeking to sort grievances by unlawful means and out of course settlement tactics.
For years, parliamentarians, legislatures etc. are trying to find the root causes for the delays and are trying to find a solutions for the same. We have and bring radical and paradigm shift in substantive and procedural laws to combat this situation.
In this kind of scenario, alternative dispute resolution mechanism should be adopted to case out the burden on the courts. The alternative dispute resolution mechanism provides to cut down the procedural delays resulting in saving of valuable time ad money. ADR (or Alternative Dispute Resolution) refer to all those methods of resolving a dispute which are alternative for litigation in the courts. It is a decision making process to resolve disputes that do no involve litigation or violence.
The Arbitration Act of 1940 had proved ineffective quick settlement of disputes by arbitration. To bring the arbitration laws in consonance with the International Economy Arbitration, Indian Parliament Enacted the Arbitration and Conciliation Act 1996. It is based on United Nations Commission on International Trade Laws (UNCIITRAL).
In conflicting human interest disputes are bound to arise. In such a scenaario, if a well wisher steps in to sort the disputes between the parties mutually without resorting to adjuciatry procedures it helps a lot. The well wishing arbitrator can resolve the disputes by concilliation and mediation twixt the parties. In this way, disputes can be handled more maturely and can help in mending the relationships too. Most importantly, it lays emphasis on peace and harmony over conflict and litigation.
It is a non-binding procedure in which the concillator assists the parites in a dispute to understant the pros and cons of respective positions taken by him in relation to the dispute. Cocillator does not give his decision like courts but but tries to induce the parties at dispute to come to a settlement. Concillation is essentially a consensuous process and has statutory sanction under Arbitration and Concillation Act, 1996.
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Third party mediating in any dispute can go a long way in arriving at a mutual settlement.
Further, this all is outside court procedures, which implies that the procedural compliances will be minimum. All should be encouraged to settle there disputed through Arbitration rather than knocking the doors of the court.