Advantages And Disadvantages Of Alternative Dispute Resolution

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Abstract Introduction: Mahatma Gandhi, The father of the nation wrote in his autobiography about the role of law and the lawyer, “I had learnt the true practice of law. I had learnt to find out the better side of human nature, and to enter man’s heart. I realized that the true function of the lawyer is to unite parties riven as under. The lesson was so indelibly burnt into me that the large part of my time during the twenty years of my practice was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby – not even my money, certainly not my soul.”(Mahatma Gandhi) Conflict is a fact of life. It is not good or bad the main concern is that to adopt such a technique so in order to resolve that conflict in a…show more content…
Judicial settlement including settlement through Lok adalat. iv. Mediation. 2. Alternative dispute resolution (ADR) refers to a variety of processes that help parties resolve disputes without a trial. Typical ADR processes include mediation, arbitration, and conciliation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings. 3. Any method other than the ordinary court proceeding which try to resolve the dispute i.e generally outside the court, the methods used are alternative dispute resolution methods. Historical perspective: If we talk about the alternative dispute resolution mechanism in context of India the mechanism is not new, we can trace its origin from the ancient history. In Vedic period there were many ways laid down to resolve the dispute through the way of mediation and arbitration. Indian mythology mentions similar steps to resolve a dispute even during the time of Mahabharata and Ramayana where lord Krishna and lord hanuman respectively tried to mediate on the behalf of the affected party. These types of dispute settlement processes fostered with the rise of Buddha as Buddha said “better than thousand hollow words is one word that gives
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