Judicial Trends In Adr

Summary

Section 89 of the CPC, 1908, encourages ADR to reduce judicial burdens. It aims for quicker, cost-effective dispute resolutions. Despite progress, challenges like lack of awareness, inadequate infrastructure, and traditional litigation preferences persist. Courts are increasingly mandating ADR, with training for legal professionals and institutional support. However, enforceability and mediator quality remain concerns. Addressing these issues through awareness, infrastructure development, and cultural shifts in legal education can enhance ADRs effectiveness, offering a more efficient justice system.

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Judicial Trend of Implementation of Section * of CPC, *
Introduction
Section * of the Code of Civil Procedure (CPC), *, was introduced to encourage alternative dispute resolution (ADR) mechanisms. Its primary aim is to reduce the burden on the judiciary by promoting out-of-court settlements, including arbitration, conciliation, mediation, and judicial settlement. The section envisions a legal framework where disputes can be resolved in a quicker, cost-effective, and less adversarial manner. This focus on ADR is in line with global trends and reflects a shift towards more collaborative and less contentious forms of justice.
Historical Context
Before the amendment in *, the Indian judicial system was plagued with delays and a backlog of cases. The traditional litigation process was time-consuming, expensive, and often led to prolonged periods of uncertainty for the parties involved. Recognizing the need for efficient resolution mechanisms, Section * was introduced. This marked a significant shift towards ADR, inspired by global practices and the need to expedite justice delivery.The historical roots of ADR can be traced back to ancient India, where methods such as panchayats and community mediations were prevalent. However, these indigenous practices gradually declined with the advent of British colonial rule and the subsequent establishment of formal courts. The amendment in * can be seen as a revival and formalization of these traditional practices within the contemporary legal framework.
Current Scenario
Presently, Section * serves as a directive for courts to refer disputes to ADR methods when deemed appropriate. This move is aimed at:
- Reducing Litigation Time: The ADR methods help in resolving disputes faster compared to traditional court proceedings.
- Lowering Litigation Costs: ADR is generally less expensive, making it accessible to a larger segment of the population.
- Providing a More Amicable Resolution Environment: ADR fosters a collaborative approach, which can preserve relationships between the parties involved.
In recent years, the judiciary has shown a greater inclination towards implementing ADR methods. Various High Courts and the Supreme Court of India have issued guidelines and mandates to ensure that ADR mechanisms are considered in appropriate cases. The establishment of mediation centers and the inclusion of ADR as part of legal education are also steps towards institutionalizing these practices.