Role Of Alternative Dispute Resolution In Criminal Justice Administration

Sadaf Meer, LLM, Centre for Post Graduate Legal Studies and Social Legal Research, School of Law, ITM University, Gwalior

INTRODUCTION

Gandhiji in his autobiography has illustrated the importance of ADR saying that, in his twenty years of law practice he found, primary function of a Lawyer is not to put the case and parties for trial before the Courts, but to make efforts to unite them. Gandhiji believes cases can be solved if lawyer learns to enter human (Parties) hearts and trace better side of their nature. As per Gandhiji, he practiced this method and succeeded in settling more than 100 cases and lost nothing including the fee (money) and soul.1 Legal disputes disrupt peace and leads to litigation. Dispute not only hinders the progress of parties to the dispute, but also of all those who are directly or indirectly connected with them such as their kids, parents, relatives, common friends, neighbours, those in business or occupational or fiduciary relationship with the parties, etc. As such dispute eclipses the progress and causes disturbance to the big chunk of the society. Factually, no one want disputes to exist. Everyone desires that dispute should be resolved by any means; may it be either through the court of law or outside tools.

Disputes, which I am attempting to cover under the present research, are that class of disputes, which emanates from party‟s legal rights and obligations. They arise mostly due to breach of legal and moral duties. It is that branch of disputes, which are generally placed before the Courts for adjudication or verdicts.