M K Sharma
Alternate Dispute Resolution (ADR) is an alternative to litigation; & involves arbitration, mediation, conciliation, negotiation and judicial settlement including Lok Adalat. It is a non-adversarial method of dispute resolution i.e working together co-operatively to reach the best solution for everyone. For the last four decades there is much thrust on resolution of disputes through ADR methods. This is so because ADR is seen not merely as the most practical solution to a particular problem but also to prevent further disputes between the contesting parties. As we all know Indian Courts are clogged with long unsettled cases. The prevailing scenario is that even after setting up more than a thousand fast track courts that have settled thousands of matters, the problem is far from being solved as pending cases are still piling up with pendency reaching 5 crore (approx).To deal with such a situation ADR can be a helpful mechanism. Moreover, it resolves conflict in a peaceful manner where the outcome is accepted by both the parties. The Supreme Court and the Law Commission of India have also recognized the need for less formal alternative forums to help in securing speedy Justice. The object and reason for inserting Section 89 and Rules 1-A, 1-B and 1-C in Order X of the Code of Civil Procedure are given as, “With a view to implement 129 Report of the Law Commission of India and to make conciliation scheme effective, it is proposed to make it obligatory for the Court to refer the dispute after the issues are framed for settlement either by way of alternate or by way of arbitration, conciliation, meditation, judicial settlement, or through Lok Adalat. It is only after the parties failed to get their disputes settled through any one of the alternate disputes resolution method that the suit shall precede further in the court in which it was filed.” Historically speaking, Section 89 CPC as it stood earlier was repealed in the year 1940 but as there was no corresponding provision enabling the Civil Courts to refer the matter for arbitration, conciliation, judicial settlement including LokAdalat and meditation, the Parliament decided to insert the provision as it stands. Now the civil courts have been empowered to make reference of all civil cases to any one of the alternate dispute resolution mechanism. The advantages of Alternative Dispute Resolution are:
- Less time consuming: People resolve their dispute in short period as compared to courts
- Cost effective method: Saves lot of money if one undergoes in litigation process.
- It is free from technicalities of courts, here informal ways are applied in resolving dispute.
- People are free to express themselves without any fear of court of law. They can reveal the true facts without disclosing it to any court.
- Efficient way: There are always chances of restoring relationship back as parties discuss their issues together on the same platform.
- It prevents further conflict and maintains good relationship between the parties.
- It preserves the best interest of the parties.
- It provides the opportunity to ‘expand the pie’ through creative, collaborative bargaining and fulfill the interests driving the demands of the parties. One of the objectives of Legal Services Authorities is to promote settlements of disputes through ADR mechanisms. J&K Legal Services Authority under the patronage of Justice Pankaj Mithal, Chief Justice, High Court of J&K and Ladakh & Patron-in-Chief, J&K Legal Services Authority and under dynamic guidance of Justice Ali Mohammad Magrey, Executive Chairman, J&K Legal Services Authority is striving hard to popularize the concept of ADR amongst the citizens in general & litigants in particular by organizing awareness programmes and holding Lok Adalats. ADR has proven very successful in UT of J&K in clearing the backlog of cases at various levels of judiciary. In 2021, 39 Lok Adalats including 4 National Lok Adalats were organized in which 1,75,009 cases were settled, whereas, in 2022, till date 2,12,540 cases have been disposed of through Lok Adalats. I, therefore, impress upon the people of J&K more particularly the litigant public to explore the possibility of getting their disputes resolved through ADR mechanism. I would conclude with the works of Domitus Ulpain, a Roman jurist, “Justice is the constant and perpetual will to allot to every man his due”.
(The author is Member Secretary, J&K Legal Services Authority).