March 1, 2024

HPAS/Allied Mains 2022 Answer Writing Challenge Day 06: Model Answer

Question: What do you mean by Alternate Dispute Redressal (ADR) mechanisms. Examine the challenges and suggest measures to improve their functioning.  (8 Marks, 120 Words)

Answer: 

Introduction:

  • Alternative Dispute Resolution (ADR) refers to any means of settling disputes outside of the courtroom. ADR offers to resolve all types of matters including civil, commercial, industrial, family etc. It enables individuals and groups to maintain co-operation, social order and provides opportunity to reduce hostility.

Challenges:

  • Lack of training: The essence of mediation lies in the role of the mediator as a facilitator. However, a shortage of trained mediators in India have proved to be a hindrance in the justice delivery.
  • Forced Settlement especially on weak and marginalised sections like poor, women, tribal etc runs contrary to the idea of equal justice for all. For example, in the Bhopal Gas tragedy a paltry compensation to victims during settlement faced severe criticism.
  • Lack of awareness: Lack of awareness about ADR mechanism amongst the people, especially in rural areas is also one of the obstacles in realization of full potential of ADR mechanism.
  • Lack of referrals: Despite enabling laws, experience shows that the Judges are not referring cases to the techniques of alternative dispute resolution.
  • Appeals to regular courts: The parties almost invariably appeal against arbitration awards, resulting in long drawn-out disputes that can last for prolonged years.

Measures:

  • The Malimath Committee has recommended making it mandatory for the courts to refer disputes for resolution through ADR rather than litigation.
  • 129th Law Commission report recommends setting up of Mediation Centres in all districts of each state with a view to mediate all disputes.
  • Extensive training should be imparted to those who intend to act as a facilitator, mediator, and conciliation in the ADR process.
  • Awareness camp should be held to change the mindset of all concerned disputants, the lawyers and judges.
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