Tag: Litigation

Is Employing ADR Mechanism Acceptance Of Failure Of Judiciary?

December 24, 2021
/ Leave a Comment on Is Employing ADR Mechanism Acceptance Of Failure Of Judiciary?

6 min
2 years
1,052 word

Tagged ADR, Alternative dispute resolution, India, Law, Litigation

Is Employing ADR Mechanism Acceptance Of Failure Of Judiciary?

Is Opting for ADR acceptance of failure of Litigation Machinery

Author: Vaishnavi Mangane

Abstract –

One can imagine that all the legal disputes are battled in the courtrooms, but in reality, almost all the disputes are resolved through the method of Alternative Dispute Resolution (ADR). The method of resolving disputes without litigation can be abbreviated as Alternative dispute resolution. The ADR methods typically take any one of the three forms i.e., direct negotiation, mediation, arbitration, and Lok Adalat.

Alternative Dispute Resolution (ADR)

Regular Dispute Resolution Mechanism

The dispute mechanism is used for dispute resolution and may incorporate conciliation, conflict resolution, mediation, and negotiation. It can also be known as grievance mechanisms. The dispute mechanisms are typically non-judicial, which means they are not resolved within the court.

Need for Alternative Dispute Resolution (ADR)

Through its diverse techniques, ADR plays a significant role to deal with the situation of pendency of cases in the court of India.
The main motive is to furnish economic and political justice and to maintain coherence in the society as enshrined in the preamble.
ADR provides various scientific development techniques to decrease the burden of the courts.
ADR ensures various means of settlement including arbitration, conciliation, mediation, negotiation, and Lok Adalat’s. Here negotiation relates to self-counseling among the parties to resolve their dispute but does not hold any statutory recognition in India.
ADR has proven successful in clearing the pending cases at different levels of the Judiciary.

Complexities in regular dispute mechanism –

1. Judge population ratio.

2. Vacancy portion of the court staff.

Conveniences in ADR system –

1) No complications

2) Easy dealing of matters

3) Simplified procedure in taking assistant viz. staff, availing services of staff, etc.

Advantages of alternative dispute resolution (ADR)

I. Consumes less time to resolve the dispute as compared to courts.

II. ADR is a cost-effective method, hence saving a lot of money.

III. Since the informal ways of resolving the disputes are adopted, hence it is free from technicalities of court.

IV. ADR is an efficient way to resolve disputes, as it always provides a chance to restore back their (parties) relations through discussing their issues together on the same platform.

V. ADR avoids future consequences and helps maintain good terms between the parties.

VI. ADR helps the people to express the facts, without disclosing it to any of the courts of law.

VII. ADR works to look after the best interest of the parties.

Comparative advantages of all ADR viz. Arbitration, conciliation, mediation, Lok Adalat.

Arbitration	Conciliation	Mediation	Lok Adalat
a) It provides fairness to both parties as compared to traditional legal trials.	a) In conciliation the presence of an experienced neutral and an attorney who will provide the possible solutions to the disputes and evaluates the risks associated with continuing the dispute.	a) Mediation is an informal process that is not bound by any traditional legal formalities which are less time consuming and less costly than litigation.	a) Lok Adalat’s operate with the spirit of compromise and understanding which makes the parties feel satisfied.
b) A legal resolution here is much quicker, less formal, and flexible in scheduling than waiting for the trail date.	b) The parties will be allowed to choose their conciliator based on the criteria of the knowledge in the expertise area and availability.	b) The mediation is not a unilateral process as the settlement of disputes lie in the hands of the parties. It includes self-determination where the parties can terminate the	b) It is less expensive and delivers fast justice as any person can move to Lok Adalat’s through an application on a plain paper or by format available

		processes at any stage and can take the matter to the court.	through legal service authorities.
c) Here the cost is much reliable as it doesn’t include any expert witness nor require much legal process.	c) It has time and cost efficiency due to the flexible nature of proceedings.	c) Mediation helps the parties find realistic solutions which are not only sensible but also have long term availability.	c) Lok Adalat reduces the workload on courts and helps look after more serious matters and results in reduction of delays in higher courts.
d) The legal process of arbitration is more confidential than of the trial courts.	d) Their will be total confidentiality as agreed upon by the parties and the conciliator as well.	d) Mediation serves to reduce the level of conflicts which are already existing among them, as to avoid further more conflicts between the disputing parties.	d) It helps in direct interaction with the Judge in regards to the disputes, where on the other hand is not at all possible in regular courts of law.

Statutory base for ADR

∙ Under article 39A of constitution of India ADR also tries to achieve equal justice and free legal aid under Directive Principles of State Policy.

∙ Indian Arbitration Act, 1940.

∙ Indian Arbitration Act, 1996.

∙ Arbitration or conciliation proceedings are dealt with under the provisions of the Arbitration and Conciliation Act, 1996.

Conclusion

The regular judicial mechanism is working well but in certain special situations, as the flowing, ADR serves as a better alternative

for the simple matters where parties want to settle
where they can be driven for settlement by arranging a platform for the exchange of dialogue among them,
when matters can be settled and when the same will work as reducing the burden of the regular judicial system,
when the litigating parties wish to get speedy justice and consent to the alternative, they stand a win-win situation.

Opting ADR systems can never be considered as a failure of regular dispute resolution mechanisms. Comments in that regard do not deserve any appreciation, it is high to promote and propagate adopt ADR mechanism with which the disposal of cases and both tracks i.e., regular dispute resolution track and alternative dispute resolution track gets disposed of and the same will lead to at least less litigation society, if not a litigation-free society.

For any query

Mail at info@edumound.in

Whether Legal Literacy help to create a litigation-free society?

Article

December 18, 2021
/ Leave a Comment on Whether Legal Literacy help to create a litigation-free society?

5 min
2 years
956 words

Tagged Free Legal Aid, Legal Literacy, Litigation

Whether Legal Literacy help to create a litigation-free society?

Legal literacy creates a perception of the legal culture and overall framework of establishment and formulation of the law at large. People who are living in this legal system should have a basic knowledge of law so that they can know and exercise their legal rights. Legal literacy acts as a tool to combat injustice. Legal literacy also includes knowing the constitutional values, human rights, and constitutional duties.

Keywords- Legal, Literacy, Society, Constitution, Rights and Duties.

Author: Avadhanam Deepika Thrilochani

Introduction:-

Most of the people in the society believe and say that legal literacy is only essential for those who are pursuing law or for lawyers or for any others who are in the field of law but they don’t know the role of legal literacy in their daily life. There are some rights and duties that every person should know about. I don’t think it would be wrong if I say that many people are not familiar with these rights and duties and intrude with other rights and infringe them.

Legal literacy:

Legal literacy can be understood as knowing the primary level of law. Legal literacy creates a perception of the legal culture and overall framework of establishment and formulation of the law at large. People who are living in this legal system should have a basic knowledge of law so that they can know and exercise their legal rights. Legal literacy acts as a tool to combat injustice. Legal literacy also includes knowing the constitutional values, human rights, and constitutional duties.

Steps were taken by legislation:

To create this legal apprehension in society, the government had come up with many measures.14^th law commission report of India had provided an idea of free legal aid to the poor by the state. subsequently, the Legal services authority act was enacted by the parliament in the year 1987, for providing free legal services for the weaker sections of society based on equal opportunities this authority frames best economic schemes for the poor to provide free legal aid and also take relevant measures to spread legal literacy and awareness among the people and in particular to educate the people of the weaker sections in the society. Article 39A of the Indian constitution provides that states are directed to provide free legal aid to the weaker and poorer sections of the society. In bringing up this free legal aid to the weaker and needy section judiciary played a dominant role. Legal services authority performs many undertakings such as conducting camps and awareness programs to educate people.

These legal literacy clubs majorly undertake the following topics to enhance the legal knowledge of the people:

1. Constitutional values: Constitution is a legal document that contains all the fundamental rights and duties, directive principles of state policies, and other provisions. The Indian constitution presented the Indians with fundamental rights and doesn’t matter whatever the case it is, fundamental rights prevail.

2. Right to education: Article 21-A of the Indian constitution mandates the state to provide free and compulsory education to children belonging to the age group of 6-14 years. Education is of every importance to everyone as it helps us to become better citizens and know the difference between good and evil to shape a better society.

3. Fundamental rights: Article 12-35 of the Indian constitution deals with fundamental rights. Fundamental rights are included in the constitution to preserve human dignity and respect and help to develop the personality of every individual. Fundamental rights protect the interests of minorities and also strengthen the secular fabric of the Indian state.

4. Fundamental duties: one thing that everyone should be clear about is no democratic country could either develop or succeed if citizens are not genuinely doing their duties which they are expected to do. Fundamental duties are important to maintain the unity and integrity of a nation. Fundamental rights and duties are two sides of the coin which can never be separated.

Similarly, these clubs can take topics regarding road safety, child marriages, female foeticide, rights of senior citizens, etc, which brings legal awareness among the people.

Suggestions:

In order to promote legal literacy in society, there can be even more steps taken such as:

1. Law students or lawyers having ample knowledge in law can conduct camps or activities through which they can promote legal literacy

2. Providing authentic free legal aid.

3. Conducting a large number of Camps, lectures, and interactive workshops which play a major role in spreading legal awareness.

4. Providing the idea and necessity of legal literacy for high school students which can enhance their knowledge.

Many laws in India provide various rights duties to the people and remedies if these rights are violated. When people start to gain legal knowledge through the camps, and awareness programs conducted by the legal services authority they can understand their fundamental rights and fundamental duties and can start differentiating between what is right and what is wrong. They can fight for their rights and against the infringement of rights. Most of the cases in courts are regarding infringement of rights and omission of a particular duty or commission of an act. When a person is having absolute legal literacy he doesn’t intervene in other’s rights and commits infringement of rights. By providing this knowledge there is a hope that litigations can be reduced. Creating legal awareness not only brings the idea to fight for the rights but also fear to infringe others’ rights. So, a person with this knowledge will not dare to commit wrong as he has the legal consequences he needs to face after committing the wrong. This will ultimately lead to a reduction of crimes and reduce the litigations in the court.

For any query

Mail at info@edumound.in

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