Alternative Dispute Resolution: New Socio-Legal Concept & Mechanism Of Modern Adjudication
ADR consists of several techniques, being utilized to resolve disputes involving a structural process with third party intervention It is viable to take off the load from overburdened Indian Judiciary. This system helps to avoid the rigidity and flexibility of traditional and orthodox procedures .It isnot to supplement traditional method of resolving disputes through litigation. Technique of ADR is an effort to design workable and fair alternative to our traditional judicial system.
It is the emerging new legal mechanism, being considered as a cooperative problem –solving system. For a quicker, easier and effective settlement and win-win solution ADR can be a significant part and parcel of Indian Legal System .it should be viewed as an instrument of meaningful change and therefore, be absorbed rather than detested. The gradual acceptance that ADR can provide an effective solution to any settlement will certainly call for awareness about its importance in public.
There are issues related to infrastructure and human resources which demand some attention and investment .There will be concern about thedilution of the Lawyers profession andneeded to incorporate legal expertise in this area. There are many challenges too .There is need for paradigm shift in the approach towards conflict resolution hence it is the new vision for imbibing the conduct and ethics of practice. If challenges are handled well with some mechanism, this system can provide benefits to the entire judicial system. The principles of natural justice, equity and reasonableness alwaysfavor the ADR proceedings and conclusions arrived at.