Reducing the Burden on Indian Judiciary:  Turning to Alternative Dispute Resolution

Dr. C. Nagamani; Ms. Trishna Rao; Mr. Ojas Gole

Volume : III, Issue : III, March - 2014

Reducing the Burden on Indian Judiciary: Turning to Alternative Dispute Resolution

Dr. C. Nagamani, Ms. Trishna Rao, Mr. Ojas Gole

Abstract :

The conventional system of justice delivery is deeply flawed; as a result of which there is a backlog of pending cases in the Indian Courts. The judicial infrastructure is inadequate and is on the verge of a collapse. It was imperative that an alternate innovative mechanism be provided to cater to the needs of the society. A unique system of Alternative Dispute Resolution (hereafter referred to as ADR) has been introduced. But how will the various forms of ADR help in reducing the burden of the judiciary? Should we resort to ADR? Has this mechanism proved to be effective and has the Legislature made any reforms in this aspect? These are some of the key issues discussed in this paper. The authors have derived certain conclusions and made some suggestions which might help in making ADR �the preferable choice� of dispute resolution in the long run.