Shailendra prasad singh (Lawyer) 18 February 2011

ALTERNATIVE DISPUTE RESOLUTION

Respected members of LCI please show your view :-

The concept of Alternative Dispute Resolution (ADR) introduced to the legal field, a new mechanism of conflict resolution that has no legal proceedings. The ADR system was introduced under the Indian laws, to address the underlying issues in dispute resolution, in a speedy and cost-effective manner. Further, this opportunity provides for reducing hostility and restoring peace among the parties. It also incorporates a sense of justice in each individual. These proceedings take place in a highly economic and efficient manner.

Based on the official data of 2006, more than 2, 53, 80,757 cases are pending in courts. With only 15000 judicial officials to address these cases, the Indian judiciary faces the problem of under-staffing and cases that are piling up on a daily basis. In this scenario, ADR has emerged as a boon.

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3 Replies

vswaminathan 19 February 2011

In the context of the points focussed in the write-up, one may usefully look up another related development. That pertains to the socalled CoD, set up by the government with a very laudable objective, in accordance with the earlier passed orders of the SC.

As one needs to be aware, that the SC has, by a 5 member bench decision, now considered it fit/proper to recall , for REASONS STATED IN THE COURT'S RECENT ORDER, AND HENCE RECALLED ITS OWN EARLIER ORDERS.

FOR KNOWING MORE, ONE MAY HAVE TO READ THE RECENT POST @ITATONLINE.

VSWAMI

vswaminathan 19 February 2011

The following important judgement is available for download at itatonline.org.

Electronics Corporation of India Ltd vs. UOI (Supreme Court – 5 Judge Bench)

Supreme Court recalls law requiring PSUs to obtain COD approval

ABOVE IS AN ADDENDUM

VSWAMI

Isaac Gabriel (Advocate) 19 February 2011

Thoguh the ADR has been legalised, no fruitful steps have been taken to educate the litigants to avail of the system. The legal fraterity is also averse to it.Perhaps the system will gain confidence when the pendency in aourts doubles as of now. The five member judges of the supreme court is an eye opener towards this subject. Your query is also a good and prospective approach. Well done.