Introduction
Alternative Dispute Resolutions have been emerged as an alternative system to the traditional Judicial system. It has been evident from the various Government reports that lots of cases are pending before courts. Because of this reason, primary objective of court system, i.e. speedy trial has been hampered. In order to reduce the burden of courts, Alternative Dispute Resolution (ADR system) has been accepted in every developed nations and even developing nations also. In this area, India isn’t an exception. Topic of Arbitration including Alternative Dispute Resolution is discussed by many teachers in law colleges. Law college in Coochbehar also promote the study of Alternative Dispute Resolution focusing primarily on Arbitration Process.
Various kinds of Alternative Dispute Resolution
Alternative Dispute Resolution consists of Arbitration, Conciliation Mediation, Judicial Settlement including Lok Adalats and lastly Negotiations. In India, arbitration is governed by the Arbitration and Conciliation Act of 1996. Recently, the Arbitration and Conciliation (Amendment) Act, 2021 came in the highlight.
Importance of Arbitration System in Solving Disputes
There are so many advantages in solving dispute through Arbitration or any other Alternative Dispute Resolution method. One of the benefits is less formality involved in these processes. The cost of these processes is also low compared to traditional judicial system where a suit is going on for decades.
In arbitration process, parties freely can choose their place where suit will be Instituted. Hence, we can say that arbitration process is being encouraged because of free will of parties also. Besides free will, both the parties voluntarily participate in dispute solving methods. Since Alternative Dispute Resolution is equally important to our traditional court system, the study of Alternative Dispute Resolution should be promoted. In law courses, subject of Alternative Dispute Resolution has been added. Law colleges have added this subject in their course so that students can acquire this knowledge before going to court. In their course, Arbitration and Conciliation Act, 1996 has been given utmost importance. Same is the situation in many law college in Coochbehar.
Conclusion
In this contemporary world, arbitration process should be encouraged by every law professionals. Even now the courts are also giving advise to opt for arbitration. Now even international arbitration is being encouraged everywhere.
