Alternate Dispute Resolution needed
The Indian judiciary has already recognised the advantages of Alternate Dispute Resolution (ADR) as it is less expensive, less time-consuming and free from technicalities.
Considering the advantages of the ADR as it facilitates both the parties for a free discussion on their differences without any fear, the judiciary has allowed introduction of precounselling in family matters and consumer disputes. In view of the advantages of counselling at the pre-litigation stage, lawyers are advocating for the introduction of conciliation in civil disputes and petty criminal cases.
The judiciary has introduced permanent Lok Adalats for disposal of legal disputes at the pre-litigation stage to provide justice to citizens. The Lok Adalats are only dealing with matters pertaining to motor accident claims, matrimonial disputes and compensation for land acquisition.
According to lawyers, the Lok Adalats also deal with the pending cases. The Lok Adalats are also unable to initiate consultations between both the parties at the pre-litigation stage as they are burdened with longpending cases referred to them.
They noted that National Lok Adalat, which was held on July 8 in the city, dealt with hundreds of cases pending since 1994. Majority of cases are related to motor accident claims.
Mr D.S.N.V Prasad Babu, a advocate in the High Court, said that introduction of conciliation at lower courts in civil matters is need of the hour in view of the increasing backlog of cases in lower courts across the country.
He also said the Law Commission of India and the Supreme Court are also advocating for alternative dispute resolution for reducing the burden of the judiciary. The help of senior lawyers can be sought in this regard, he noted.