Alternative Dispute Resolution

Paper Summary:

The paper offers an understanding of the dispute resolution methods in India, with a focus towards the emerging trend towards alternative dispute resolution (ADR). The paper explores the rationale behind the ADR movement to assess its usefulness in terms of realizing the ends of justice. The paper includes footnotes instead of a bibliography.

Outline:
Archetypes of Disputes Determination
Seeking ADR
Legitimization of ADR

From the Paper:

"Discords are bound to arise in a society and the ingenious human mind has devised ways and means to resolve the same. The phenomenon, law, itself can be seen as a result of the quest to address potential problems. The nature has endowed people with rationality. Through the medium of State norms and institutions were created for securing social order and to attain the ends of justice. State function through its different organs and judiciary is one among them directly responsible for the administration of justice. The judiciary is the tangible delivery point of justice in a layperson's perception. Resolving disputes is fundamental to the peaceful existence of society. Therefore effective and efficient systems for determination of disputes become an obvious appendage."

Sample of Sources Used:

• All India Judge's Association V. Union of India (2002) 4 SCC 247
• All India Judge's Association V. Union of India (1987) 3 SCC 668, para 14
• Chandra , Sarvesh, ADR: Is Conciliation The Best Choice?, Alternate Dispute Resolution What it is and How It Works, Rao,P.C et al, universal Law Publishing Co. Pvt. Ltd. 1997, delhi, 83
• Chimmini, B.S., "Cooption and Resistance: Two Sides of Global Administrative Law", International Law & Justice Working Papers No.2005/16 (Institute for International Law & Justice, New York University School of Law, 2005)
• Hobbes, 'State of nature' Hobbes, 'State of nature', see Dietz, M., (ed.), Thomas Hobbes and Political Theory (Lawrence: University of Kansas Press, 1990) at 25.

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