ADR System in India: Challenges

  • Bhoomika S. Kumar
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  • Bhoomika S. Kumar

    Student at Symbiosis Law School, Hyderabad, India

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Abstract

The Constitution's Article 21 guarantees a just, fair, and reasonable process. The sooner the conflicts are settled, the better for all persons involved individually and society at large. The ultimate farce of the law is when justice is denied by a delay, but in India, the delay really ends up killing the entire legal system. Here comes the role of Alternate Dispute Resolution. Alternative dispute resolution is considered as a potential method for resolving conflicts. It settles disputes on a variety of topics, including civil, business, industrial, and many more. Through this method, a third person who is not engaged in the conflict must assist in resolving the issue at hand. To talk and debate the issue and find a resolution so that it may be resolved, a third impartial party is needed. It appears to be a helpful method of resolving conflicts. Alternative dispute resolution (ADR) techniques are used to speed up the resolution of disputes and reduce the load on the courts through the exclusive option through negotiation, arbitration, conciliation, and mediation. ADR is recognised in India under Articles 14 and 21, which are founded on the principles of equality before the law, the right to life, and the right to personal liberty. Alternative dispute resolution (ADR) techniques are used to speed up the resolution of disputes and reduce the load on the courts through the exclusive options of negotiation, arbitration, conciliation, and mediation. This project aims to throw some light on the challenges behind the implementation of ADR in India and the various socio-economic legal barriers that exist in the same.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 5, Page 818 - 830

DOI: https://doij.org/10.10000/IJLMH.113644

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