Ethics In ADR – Navigating The Indian Perspective
- IJLLR Journal
- 39 minutes ago
- 1 min read
Pandurang Gireesh, B.A.,LL.B., Universal School of Law
Buchupalle Keerthana, B.A.,LL.B., Visvesvarapura College of Law
ABSTRACT
ADR is an ever-changing form of dispute resolution mechanism that is proliferating in the judicial bubble of India, with its traces being in the United States of America. It has proven to be effective with the clientele and the general public of America. India has proven to be a testing ground for this mechanism, although the procedure is enumerated in a meticulous manner in the legislations which enable it, the problem mainly arises along the ethical lines as this functions in parallel with the Indian judiciary and the bureaucracy with the latter riddled with the ethical issues in the form of Red- Tapism and rampant corruption. Ethics in ADR also concerns itself mainly with the neutral third parties who are binding with various ethical codes based on the operation of their jurisdiction, these codes are derived from various principles of natural justice that are followed over a period of time and are dynamic in nature. This paper seeks to cater to the issues that are pertinent amongst the same ethical systems guarding the third-party neutrals and providing solutions that are given keeping in mind the Indian perspective, the solutions offered are to be implemented to all forms of ADR i.e. Arbitration, Mediation, Conciliation, Negotiation and specifically in the case of India- Lok Adalats.
Keywords: Deontology, Jus-naturale, Audi Alteram Partem, Centralization, Third-party neutrals, Moral Reasoning.
