Modernizing Indian Civil Justice: A Comparative Study of United States Procedural Models with ADR and Case Management

  • Nikhil Bajpai and Heena Patel
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  • Nikhil Bajpai

    Assistant Professor at D.Y. Patil Deemed to be University, School of Law, India

  • Heena Patel

    Assistant Professor at D.Y. Patil Deemed to be University, School of Law, India

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Abstract

The Indian judicial system especially, the civil litigation continues with the significant delays, backlogs of cases and procedural inefficiencies. In the light of these challenges, this study explores the American legal system approach towards the civil case management and ADR mechanism. This paper examines the court management, case scheduling, and early mediation process and settlement judges of Unites states of America. This study mainly focuses upon the process of mediation for the identification of adaptable strategies for reforming Indian legal system. In order to determine if comparable changes may be integrated, it also examines the Indian legal system, namely Section 89 of the Civil Procedure Code and pertinent sections of the Arbitration and Conciliation Act, 1996. India's increasing trend towards institutionalized mediation under judicial supervision is demonstrated by case studies such as the Ahmedabad Mediation Centre’s success and the founding of AMLEAD. The results support gradual changes starting with the freshly created cases, creation of court annexed mediation facilities, law education, and ongoing Indo- US cooperation. Such reforms will play a pivotal role in greater efficiency which will reduce pendency and increase confidence in Indian Civil Justice System.

Keywords

  • ADR
  • mediation
  • India
  • United States
  • civil justice system
  • legal practice

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 816 - 824

DOI: https://doij.org/10.10000/IJLMH.1110475

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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