Analysis Of The Function Of Alternative Dispute Resolution In Restructuring The System For Resolving Matrimonial Conflicts
- IJLLR Journal
- Jun 19
- 2 min read
Shagun Tiwari, B.A.LL.B. (H), Amity University Lucknow Campus
Abhishek Mishra, Assistant Professor, Amity Law School, Amity University Lucknow Campus
ABSTRACT
In India, the idea of ADR is not new. Resolving conflicts pertaining to family, commerce, and property was part of the traditional conflict settlement process.
Arbitration, mediation, negotiation, conciliation, and other types of ADR are alternatives to litigation. ADR mechanisms are becoming more and more popular because of their special qualities, which include quick disposal, lower costs, and more adaptable processes. In order to settle marital issues, it has emerged as the most popular dispute settlement method. The reason for this is because it keeps family ties intact and fosters friendly interactions. A family is extremely important to the evolution of society. According to Section 89 of the Civil Procedure Code of 1908, the parties must be submitted to an ADR process before the trial begins. The ADR system in India is supported by numerous statutory measures that facilitate the prompt and seamless resolution of disputed matters. Through ADR procedures, the Indian judiciary has also significantly contributed to the improvement and promotion of out-of-court settlement of matrimonial disputes. The Hindu Marriage Act of 1955, the Civil Procedure Code of 1858, the Family Courts Act of 1984, and the Legal Services Authorities Act of 1987 all mention mediation and conciliation in family conflicts and support conciliation as a means of amicably resolving disagreements about marriage, family issues, and other related topics. Through the use of ADR procedures, citizens can obtain the "Speedy Justice" that the Indian Constitution mandates. The right to a timely trial is guaranteed under Article 21, and free legal aid is required by Article 39A. The idea of alternative dispute resolution (ADR) and its function in settling marriage conflicts are examined in this article while taking into consideration the nation's varied cultural landscape as well as the contemporary legal and social landscape. This article also discusses some of the shortcomings of the alternative dispute resolution (ADR) system in settling marriage disputes and sheds light on the role of the judiciary in improving the ADR system.
Keywords: Arbitration, parties, speedy justice, Article 21, disputes
