ipl-logo

Dispute Resolution

2027 Words9 Pages

The quality of civilisation of a democratic society is well gauged by the existence of mechanism preventing disputes and protecting peace and order. Mere establishment of hierarchy and infrastructure with enough manpower cannot solve every dispute and render justice to the hilt. At every level, there must be a mechanism or forum to seek information, secure good counselling and assistance to manage the problems in the form of conflict of interests or rights.
India has had a proud tradition in dispute resolution for as far back as historical evidence goes. It takes us back to the hoary past when Manu and Brihaspati gave us the Dharma Sastras, Narada, the Smritis, and Kautilya, the Arthashastras. Dispute Resolution in that era was well-developed …show more content…

The National Commission to review the working of the Constitution noted that judicial administration in the country suffers from deficiencies due to lack of proper planned and adequate financial support for establishing more Courts and providing them with adequate infrastructure. It is evident that much still remains to be done for augmenting infrastructure in terms of providing for more Courts, libraries, computers etc. The alarming statistics of these few factors has created a well-founded perception that the judicial system is on the verge of collapse. This crisis in the judicial system has been used as justification for the genesis of alternatives to the traditional set up of dispute resolution . In this backdrop, the latest stride in judicial reforms was introduction of Alternative Dispute Resolution mechanisms or ADR which sought to provide an alternative to the formal legal system.
Alternative dispute resolution encompasses a range of means to resolve conflicts short of formal litigation. The modern ADR movement originated in the United States in the 1970s, spurred by a desire to avoid the cost, delay, and adversarial nature of litigation. For these and other reasons, court reformers are seeking to foster its use in developing nations. The interest in ADR in some countries also stems from a desire to revive and reform traditional mediation …show more content…

Although ADR has made some progress towards achieving its objective of relieving the judiciary of its colossal burden, it is incumbent to develop other innovative dispute resolution mechanisms to supplement ADR mechanisms if the pendency of cases is to be cleared in the near future. Online dispute resolution (ODR) promises to be an appurtenant nominee in this regard, acting as an escape route from the exasperating process of the traditional system of

Show More
Related

  • Case 28.08 Continuum Of Options For Dispute Resolution

    206 Words  | 1 Pages

    28.08 Continuum of Options for Dispute Resolution What happens when there is a problem? School districts should develop local problem resolution procedures. Parents should be encouraged to present concerns with a district representative. The Department should maintain a system that provides accessibility for investigations of complaints.

    Read More

  • Sepoy Rebellion Dbq

    735 Words  | 3 Pages

    Once the BEIC had control over India, they reshaped the government to better suit their needs. For instance, the BEIC required that natives couldn’t serve in “civil administration till they become Christian,” seeing that “no civil or military servant in India rises to a position of real influence or distinction.” (Document 15) Before the BEIC, India’s government was self-sufficient and flourishing. Laws were passed in response to problems that people were encountering, with the well-being of the people as the key objective. The BEIC was not taking into account the natives.

    Read More

  • Comparing The Justice Systems Of Canadian With The United States Legal System

    1101 Words  | 5 Pages

    The known problem with this type of system comes with situations that lead to social problems, mostly if the judge that was elected make his/her decisions for the sole purpose “for the vote”, ("Procedural Law,"

    Read More

  • M & M Foreign Policy

    1522 Words  | 7 Pages

    If a section is to still disagrees with decisions made nothing will be done because there is no appeal they can make when handling section disputes. Handling disputes between sections and national government- If disputes between government and sections the problem will be brought to the supreme court. The court will have at least 3 judges for handling government and sections. No appeals can be made after decision is made.

    Read More

  • 1.2 Explain How To Overcome Conflict Betweenddlers

    61 Words  | 1 Pages

    Conflict among infants and toddlers do happen. It is important to allow them to experience conflict with our support. They are allowed to safely engage in conflict and resolve it their way and learn to handle conflict by themselves, rather than the staff resolving it for them. Supervision is crucial, and getting down to the child’s level when communicating shows

    Read More

  • Imperialism In India

    1161 Words  | 5 Pages

    In conclusion all of this the greatest independence war in India and fighting could have been prevented if the British respected the Indians religion. If they had been more polite to the Indians than they would of been fine with what Britain was doing. It would of not happened if the British had treated the Indians as equals and not below them, then the fighting and dispute would have never happened. During this period a tiny number of British officials and troops (about 20,000 in all) ruled over 300 million Indians(The National Archive). This was often seen as evidence that most Indians accepted and even approved of British rule(The National Archive).

    Read More

  • The Constrained Court

    429 Words  | 2 Pages

    Lastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).

    Read More

  • How Did The British Rule Of India Dbq

    908 Words  | 4 Pages

    British rule over india as a colonial state was effective and precise in the eyes of British supporters, but it was only this way through its discriminatory measures, separating Indians as well as creating conflict, and was thusly not in the benefit of India’s natives. At first glance, it may seem that Indians were advanced by the efficient rule which the colonists employed(Lalvani). However, this governing body was led by a tiny minority of native Indians, outnumbered 1 to 15 by British invaders( Document #2). This left them all but voiceless as the British installed drastic laws such as the Rowlatt Act, meant to disempower aboriginals by allowing the British to imprison supposed terrorists, meaning protesters, without a trial(Gandhi). Still, the British feared further revolt among Indians, and with so few of them there to enforce their laws they needed a police force staffed by the very people they sought to oppress.

    Read More

  • Hindu-Muslim Antagonism Causes

    870 Words  | 4 Pages

    The divide and rule thesis is a plausible method to explain rising communal antagonism. There were several factors that encouraged communal antagonism in colonial India. The British administration’s policy of course was one of them. The policy treats the masses as gullible agents. People

    Read More

  • What Was The Goal To Make Cindy Feel Better?

    904 Words  | 4 Pages

    Effective leaders must learn to embrace conflict because it is an inexorable part of human interactions and without intervention, it seldom finds its own productive solutions (Myatt, 2012). The failure to address conflict early on will likely lead to workplace acrimony, disengagement and poor communication and cooperation (Myatt, 2012). The story of the conflict between Cindy and Dr. Jones is an excellent case to analyze the elements of conflict and conflict management.

    Read More

  • Essay On Conflict Resolution In The Workplace

    1284 Words  | 6 Pages

    Conflict resolution happens often in the workplace that can either drive or disturb employees, supervisors, a team, and an entire organization. When supervisors allow conflict resolution to fester without taking immediate action, it can lead the organization into an unhealthy environment. In this paper, the topic for discussion will analyze various strategies that can be utilized to control and manage conflict resolution in the workplace, and the role of the supervisor during conflict resolution situations. In addition, a discussion will include how the workplace and its customers are impacted by a diverse workforce. Conflict Resolution Conflict in the workplace is inevitable, especially in a diverse workforce where employees possess different approaches to his or her job and come from various backgrounds, who share a common work space within an organization (SHRM, 2015).

    Read More

  • Civil Law Advantages And Disadvantages

    3020 Words  | 13 Pages

    Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.

    Read More

  • Thomas Hobbes Acceptance Of International Law

    2404 Words  | 10 Pages

    This view is far from truth in view of the developed and changed character of international law today. It is incorrect to say that international legal system is without a court to decide international disputes. The establishment of the permanent court of international justice has rightly been reckoned as a landmark for the development of international law because though in international legal system was provided with judicial organ to resolve international disputes on the basis of judicial decisions. The greatest proof of its utility and importance is the fact that its successor, the international court of justice is based on the statute of the permanent court of international justice. It is true that the decision of international court of justice is not equivalent to that the municipal courts.

    Read More

  • Syariah Court Essay

    2288 Words  | 10 Pages

    The legal implications and feasibility of integrating the Syariah courts into the federal judicial system through restoration of Article 121 of Federal Constitution Prior to 1988, Article 121(1) of Federal Constitution provided as follows: Subject to Clause (2) the judicial power of the Federation shall be vested in two High Courts of co-ordinate jurisdiction and status, namely— (a) one in the States of Malaya, which shall be known as the High Court in Malaya and shall have its principal registry in Kuala Lumpur; and (b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Borneo and shall have its principal registry at such place in the States of Sabah and Sarawak as the Yang di-Pertuan Agong may determine;

    Read More

  • Importance Of Stare Decisis In Malaysia

    814 Words  | 4 Pages

    In the said case, the counsel for the appellants tried to argue before the Court of Appeal that the decision in the case Rama Chandran v The Industrial Court of Malaysia & Anor was wrong. Because the court was heard in the Federal Court, the Court of Appeal disagreed. It was also

    Read More

More about Dispute Resolution

Open Document