Alternate Dispute Resolution involves the ways and measures which are different from that of the traditional courts to resolve disputes between two parties. Arbitration and Mediation are the modeswhich will assist our nation to move ahead in the ever changing world. Since independence, and to say, even before it, the Indian judiciary is facing a heavy load of the ever-increasing pendency of cases. It has never improved till date and rather deteriorated because the numbers are ever increasing. Thus, there arises a need for alternative methods for the disposal of disputes and reduction of such pendency. It is one of the most imperative steps, for the happiness of the people of the nation and thus its betterment.
Arbitration is the method wherein an arbitrator is appointed by the mutual agreement between the parties, in which they agree to accept the decision of the Arbitrator in case a dispute arises between them. It is legally binding on both the parties, whereas Mediation involves an informal mediator who suggests methods of resolving the dispute to the disputed parties who may or may not agree to the suggested course of action. Indian Courts have a pendency of over 3 Crore cases and this is never-ending. It is estimated that even if all the judges started functioning 24X7, it would be impossible to address the pendency for the next 25 years. Thus, to address this issue there arises a need for alternative methods to curb this pendency. This opens the gate to Arbitration and Mediation. The two are amicable ways of resolving disputes which are even less time consuming.
There is no compromise with the fair procedure and both the parties are adequately heard and the matter is decided based upon the facts and circumstances. These alternative modes are cost effective, time saving, low on infrastructural demand and the like, which thus leads to their popularity in the world.
India, as a developing nation has to certainly look out for empowering these methods and providing them all the impetus they need for proper propagation. The government should focus on explaining the benefits of these methods to the people so that they are well trusted. In my opinion, for simple issues, they should be considered at par with the Judiciary and people must know that for certain cases they are much better than reaching out for the usual judicial procedural way.
Another big advantage for the promotion of these methods is that they do not require any formal procedure and there are no hefty formalities to be fulfilled, which is one of the most prominent reasons of the delays in our Courts. Added to that, it is effective as well as efficient to resolve family disputes through these methods, due to their amicability and faster disposal.
Arbitration and Mediation have already taken a lead in the present era in our nation. Although, it will take some time to penetrate the same across the nation and to all the strata of our society, but every individual should play a role in it. The time has come that the people must approach the Arbitration and Mediation centres rather than the Courts, provided they want a speedier, informal and stress free disposal of their matter. The Indian Courts have also been pressing for arbitration so as to relieve the pressure from them. To this I would mention the phrase that was written outside the Mediation Center of The Delhi High Court. It said “Do not Litigate, Mediate”.
Although the government has attempted to make India a preferable hub of arbitration but the attempts have not been as successful as would have been contemplated of.
Therefore, as per my point of view, I would contend that although, a lot has to be done to promote these methods in India but very little is being done. These methods come with a lot of advantages and thus they need to be adopted for matters which are not complex in nature.