Kiran Dhaiya, LLM, Galgotias University Dr. Seema Yadav, Professor, Galgotias University
Alternative dispute resolution (ADR) mechanisms have the potential to replace more traditional dispute resolution processes. ADR provides to resolve all types of disputes, including those involving civil, commercial, industrial, and familial matters, in which parties are unable to initiate negotiations and come to an agreement. Courts are unable to manage the caseload they now have. Unquestionably, one of the key goals should be to lessen the burden of arrears cases in the various courts across the country. ADR, with its variety of methodologies, plays a vital role in India in dealing with the problem of cases that are pending in Indian courts. Alternative Dispute Resolution mechanisms give the Indian judiciary scientifically established tools that aid in lightening the load on the courts. Arbitration, conciliation, mediation, negotiation, and lok Adalat are just a few of the different techniques of dispute resolution offered by ADR.
The goal of mediation, an alternative dispute resolution method, is to help two or more disputants come to a resolution. The practice of mediation as a method of resolving disputes dates back to the Vedic era. There is a significant culture of mediation in India, evidenced by instances like Lord Krishna mediating between the Kauravas and Pandavas in the Mahabharata, family elders settling household disagreements, and Panchayats resolving conflicts at the communal level or village level. Mahatma Gandhi and other freedom fighters mediated with Britishers and at the end they successful to get freedom without violence. It is inexpensive and keeps the concerns, particularly those involving families, between the three parties—two sides and the mediator—under wraps. Additionally, neither party is being compelled to accept the solution, it is always optional to both parties. In this sense, it offers a peaceful resolution that works.