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VOL. 3, ISSUE 1 (2017)
Alternative dispute resolution mechanism as a tool to ensure access to justice
Authors
Sneh Yadav
Abstract
Alternative dispute resolution methods have come like a breath of fresh air. In the traditional system of courts the dispute would take a long time to be resolved and would also result in ultimately destroying the relations between the parties. Their the parties are at loggerheads with each other, contesting the dispute and fighting it out. However in alternative dispute resolution system, like arbitration, conciliation, mediation, negotiation, Lok Adalat and Judicial Settlement, the parties resolve the dispute amicably. This helps in restoring their relationship, save money, time and anxiety. In India arbitration and conciliation is governed by Arbitration and Conciliation Act, 2015; Lok Adalat is governed by Legal Services Authorities Act, 1987. However there is no particular statutes which governs mediation. Mediation is resorted mostly in matrimonial and family matters. Arbitration on the other hand is used as a system of dispute resolution in commercial and business matters. Although traditionally in India we were using mediation techniques in panchayat and gram sabha to resolve day to day disputes between parties and to maintain peace and harmony in the society. But Britishers introduced court system in India and took us away from our traditional methods of dispute resolution. There is a need to go back to roots.
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Pages:48-50
How to cite this article:
Sneh Yadav "Alternative dispute resolution mechanism as a tool to ensure access to justice ". International Journal of Law, Vol 3, Issue 1, 2017, Pages 48-50
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