Alternative Dispute Resolution Quotes

In recent decades, alternative dispute resolution (ADR), such as arbitration and mediation, have gained popularity as efficient and inexpensive methods for resolving disputes. As the court system has become bogged down with frivolous lawsuits, ADR allows for disputes to be resolved quickly and with less cost. Many contracts now call for ADR as the means for resolving any disputes arising from the contract.

I analysed the causes of delay in delivering justice, which are: 1) an inadequate number of courts; 2) an inadequate number of judicial officers; 3) the judicial officers are not fully equipped to tackle cases involving specialized knowledge; 4) the dilatory tactics followed by the litigants and their lawyers who seek frequent adjournments and delays in filing documents; and 5) the role of the administrative staff of the court. Based on my analysis, I suggested encouraging dispute resolution through the human touch; reinforcing the Lok Adalats; creating a National Litigation Pendency Clearance Mission; ensuring alternative dispute redressal mechanisms such as arbitration; and providing fast-track courts. I also suggested several actions with particular reference to pendency in the high courts. These included the classification of cases on the basis of an age analysis, that is, identifying cases that are redundant because the subsequent generations are not interested in pursuing them. Primary among my recommendations was the e-judiciary initiative. As part of this, I recommended computerization of the active case files, taking into account the age analysis, which will surely reduce the number of cases that are still pending.