Resolution Of Disputes Through Private Dispute Resolution Processes: A Critical Study

Jai, BBA LLB (Hons.), LLM, Assistant Professor, MERI- PLI, Sampla

ABSTRACT

Resolution of a dispute can either be possible through violence or peaceful and fair processes of dispute resolution. Indian Judicial system (a peaceful process of dispute resolution) has made serious efforts for resolution of disputes through a well-established fair, unbiased and reasonable procedure. However, even after making extremely serious efforts on- record by the Indian Judicial Services civil claims are escalating at a very high pace whereas dispersal civil cases are very low, primarily due to increasing legal awareness, and a high escalation in commercial transactions (including e- commerce). Further, Covid- 19 has served as a major constraint in delay in delivery of justice across the globe. “Justice delayed is justice denied.”- the Constitutional mandate of “Access to Justice to all” is of no value and significance unless the judicial delivery system doesn’t provide justice on reasonable time to all irrespective of social, political, economic or any other disparities of the people to a dispute. One important novel reform in securing “access to justice” is through alternate private dispute resolution services or processes, which has great tendency to cope up with ever increasing civil disputes. Alternate private dispute resolution (ADR) processes have a tendency to provide resolution to disputes in an amicable, inexpensive, fast and flexible manner. ADR processes have also been termed as “Appropriate Dispute Resolution Services” by several great jurists and learned judges. However, ADR services have not been successful in our country. This paper seeks to explain the concept of ADR, its benefits and challenges to it in India.

Keywords: “Alternate private dispute resolution processes”,” delay in justice”, “access to justice”, “appropriate dispute resolution services”.