Radhika Singhal, BA LLB, Delhi Metropolitan Education
ABSTRACT
The concept of dispute resolution is not alien to India. It is a very basic concept which can be easily administered in the family. In India, people have always believed and opted to settle their conflicts and disputes within the four walls of their household without any involvement of the outsider party. Such a mechanism is the basic structure of various branches of dispute resolution. Such dispute resolution mechanism involves arbitration, mediation, negotiation, conciliation, mini-trial, rent a judge etc. The common feature among all such branches is the non-involvement of any third person in the conflict and the resolution of the dispute among the parties. Alternate dispute resolution mechanisms opt to preserve the confidentiality of the conflict among the parties and a faster technique compared to a formal court system. The formal court system is developed in the present time but the pre-British era and Vedic era trace the evidence of the existence of alternate dispute resolution in Indian history. For instance, the resolution at the Panchayati level is the key example of its existence in pre-British India. The traces of ADR from ancient India till its enactment and prevalent practice in contemporary India is all included in the research paper. The research methodology used in the present paper is empirical research. The sources are collected from primary and secondary sources both.
