Alternative Dispute Resolution (“ADR”) refers to any means of settling disputes outside of the courtroom. ADR typically includes arbitration, mediation, early neutral evaluation and conciliation. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more nations have begun experimenting with ADR programs particularly arbitration in India. Some of these programs are voluntary; others are mandatory.
The Act of 1996 has defined arbitration in the following, manner “Arbitration means any arbitration whether or not administered by permanent arbitral institution[1]”.
Arbitration is a procedure for the resolution of disputes on a private basis through the appointment of an arbitrator, an independent, neutral third person who hears and considers the merits of the dispute and renders a final and binding decision called an award[2]. According to Russel, “the essence of arbitration is that some disputes are referred by the parties for settlement to a tribunal of their own choice instead of to a court”[3]. Arbitration may be ad-hoc, contractual, institutional or statutory.
A fair, just and quick process of resolution of disputes is indispensable in any democratic society becoming increasingly aware of their human and legal rights. The human and material resources in courts are inadequate to meet the ever growing demands, resulting in backlog of cases and delay in the administration of justice. Our justice delivery system is bursting at the seams and unless timely measures are adopted, for the quick disposal of cases, particularly at the grass-roots it will lead to very dire consequences.
[1] . Arbitration and Conciliation Act 1996
[2] .The official journal of NALSA, Alternative Dispute Resolution: Concept and Concerns(2006)Vol VII,73
[3] . Law of Arbitration 1982
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Post Contributed By:
Ashish Ransom
Indian Institute of legal studies
