Using Alternative Dispute Resolution Wisely





Manika Baliyan, Mewar University


INTRODUCTION


Human conflicts are inexorable because society is a multifarious web of social relations.1 Therefore, one can never escape disputes, they are bound to arise. The only thing that is we are capable of resolving the disputes in a manner that are speedy, fair and inexpensive so that interests of the people are not affected.

Alternative Dispute Resolution is not just a dispute resolution mechanism outside court rather it is an active dispute resolution technique as it is he mechanism which needs least assets to resolve any dispute. The mechanism helps parties not to resort to any detailed formal court procedures rather it is only an agreement that the parties to any dispute have to arrive at amicably. In recent time the mechanism has gained widespread popularity both amongst the general public and the legal professionals. This is so because of the obvious observation relating to the pendency of the cases and the workload on the judicial officers.


This method of dispute resolution offers the parties numerous options to choose how they wish to resolve their disputes as Alternative Dispute Resolution can be exercised in the form of Mediation, Negotiation, Arbitration and Conciliation. Therefore the parties have a greater hold over the outcome and the interference of the third party is the least.


If we can observe that the mechanism is too efficient then why do not we use wisely and curb any dispute in its home itself i.e. why not each and every government and private institution have its own ALTERNATIVE DISPUTE RESOLUTION (ADR) cell whereby all basic issues between the employees or the entity could be resolved. Even if such a cell resolves few of the disputes the burden on the customary court may be reduced.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

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