Wednesday, 20 July 2022

ADR System in India

 ADR System in India

Outside of the formal court system, India has a long tradition of resolving conflicts. Ancient India was fully aware of the concept of parties settling their conflicts with the help of a person or persons of their choice, or private courts. The intervention of the kulas, srenis, pugas, and other autonomous groups even before the king came to judge on disputes between individuals was relatively calm.

These old institutions served as the primary means of resolving disputes, not as a backup. During the British occupation, the method of conflict settlement was altered, and a new formal, adversarial system emerged. Arbitration was recognised as an out-of-court means of resolving disputes, and various laws were passed to support it. The ADR system, as it is currently understood, is the product of the formal legal system's flaws.

These old institutions served as the primary means of resolving disputes, not as a backup. During the British occupation, the method of conflict settlement was altered, and a new formal, adversarial system emerged. Arbitration was recognised as an out-of-court means of resolving disputes, and various laws were passed to support it. The ADR system, as it is currently understood, is the product of the formal legal system's flaws.

"When you can, persuade your neighbours to make a compromise. Show them how the nominal winner is frequently a true loser in terms of fees, expenses, and wasted time. As a mediator, the lawyer has a better chance of becoming a good man. There will still be enough business." - Abraham Lincoln


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