The Evolution and Development of ADR in India and its Different Kinds
Dr. Harisingh Gour Central University, Sagar (M.P), India.
Volume III, Issue V, 2020
India has a long history of settlement of disputes outside the formal justice delivery system. The concept of parties settling their disputes by reference to a person or persons of their choice or private tribunals was well known to ancient India. Long before the king came to adjudicate and disputes were quite peacefully decided by the intervention of the kulas, srenis, pugas and such other autonomous body. During Mauryans the king was the head of justice there were special courts in the cities and villages presided over by the pradeshika, mahamatras and rajukas. Dharmasteya- is a type of court where civil matters are resolved. In Mughal period most villages resolved their cases in the village courts itself and appeal to the caste courts or panchayats, the arbitration of an impartial umpire (salis). In British period modern arbitration law in India was created by the Bengal regulation law in India was created by the Bengal regulations of 1772, 1780 and 1781 were designed to encourage arbitration. The Arbitration Act of 1940 was enacted replacing the Indian Arbitration Act of 1899. It amended and consolidated the law relating to arbitration in British India and remained a comprehensive law on Arbitration even in the Republican India till 1996. In Post-independence 1982 settlement of disputes out of courts stated through Lok Adalats. 2nd round of amendment in 2005 and 3rd round of amendment in 2015 came. It is of various types- mediation, conciliation and negotiation etc.