2018 GS P2 PYQ Solution, PYQs Solution
Q.19. Write a short note on the emergence and use of alternative dispute redressal mechanisms in India.
The alternative dispute redressal (ADR) system has emerged as a means of resolving disputes outside the formal court system in India. These mechanisms complement the traditional legal process and offer various options for effective conflict resolution. Let’s explore some key aspects:
- Mediation and Arbitration:
- Mediation: Involves a neutral third party assisting disputing parties in reaching a mutually acceptable resolution. It is a voluntary and confidential process.
- Arbitration: A more formal process where an arbitrator or panel of arbitrators renders a binding decision after hearing both sides. It is commonly used in commercial disputes.
- Lok Adalat (People’s Court):
- Informal, community-based courts that aim to provide speedy and amicable resolution of disputes, especially in civil cases.
- Operates based on principles of conciliation, compromise, and mutual settlement.
- Cases can be referred directly to Lok Adalats or come from regular courts.
- Ombudsman Institutions:
- Exist in various sectors (e.g., banking, insurance) to address complaints and grievances of customers or clients against service providers.
- Ombudsmen act as independent authorities to resolve disputes impartially.
- Consumer Dispute Redressal Forums:
- Handle consumer complaints against sellers and service providers.
- Seek fair resolutions and compensation for consumers.
- Online Dispute Resolution (ODR):
- Enables parties to resolve disputes online, often through mediation or arbitration, without physical presence.
- Facilitates efficient and accessible resolution.
- Family Courts:
- Specialized courts handling disputes related to matrimonial and family matters.
- Provide expert redressal in sensitive issues.
- Industrial Tribunals and Labor Courts:
- Address employment-related disputes and grievances between employers and employees.
- Ensure fair treatment and labor rights.
- The Arbitration and Conciliation Act of India:
- Governs arbitration and conciliation processes.
- Provides guidelines for resolving disputes outside traditional court litigation.
- Applies to both domestic and international arbitration.
In summary, alternative dispute redressal mechanisms in India offer diverse options for resolving conflicts efficiently, promoting access to justice, and easing the burden on formal courts.
