Wednesday, January 2, 2013

Nature of ADR

Alternative dispute resolution literally means to solve the dispute by alternative Ways. It is techniques of dispute settlement outside of the government judicial process or court and to solve the disputes by mutual understanding of the contesting parties. ADR is extra judicial exercises which support the judicial system to resolve through alternative ways. It is a win win process with less expense and within a short period. As to the view of Justice Mustafa Kamal, “it is a non-formal settlement of legal and judicial dispute as a means of disposing of cases quickly and inexpensively”[1]
In its philosophical perception, Former chairman of Foreign Exchange Regulation Appellate Board, Sarvesh Chandra says that “ADR is considered to be the mode in which the dispute resolution process is qualitatively distinct from the judicial process. It is a process where dispute are settled with the assistance of a neural third person generally of parties own choice, where neural is generally familiar with the nature of the dispute is which such dispute normally arise; where the proceedings are informal, devoid of procedural technicalities and are conducted, by and large, in the manner agreed by the parties; where the dispute is resolved expeditiously and with less expenses; where the confidentially of the subject matter of the dispute is maintained to a great extent; where decision making process aims at substantial justice, keeping in view the interests involved and the contextual realities. In substance, the ADR process aims at rendering justice in the form and content which not only resolves the dispute but tends to resolves the conflict in the relationship of the parties which has given rise to that dispute”[2].
Alternative Dispute Resolution is a constructive management of setting dispute in contemporary Bangladesh as well as across the world. It is being exercises of community based dispute are resolved by negotiation, conciliation, mediation and arbitration and other mechanism. According to Former Secretary General of International Center Fr Alternative Dispute Resolution, P.C Rao, “ The ADR procedure consist of negotiation, conciliation, mediation, arbitration and an array of hybrid procedures, including mediation and last-offer arbitration, mini-trial, med-arb and neutral evaluation”[3]. These mechanism precede both formal court proceeding and non-formal initiative and may include process designed to manage community tension. ADR processes are less formal than judicial process lack the extensive written documentation of formal proceeding. One of the cardinal goals of the using ADR is to reduce the conflicting court management flow.
ADR process access in the legal system through the bypass way. It is to be told about ADR that is an amicable settlement where participants are involved in good heartedness environment. It is a reflection of people demand. ADR preserved the right of the people as well. To effect the decision of Indian Supreme Court quoted by Justice Mahamudul Amin Choudhury would be unswerving, “Every citizen of this country has a right to receive speedy, inexpensive and unpolluted justice. He is waiting with expectation. Let us response positively. The menace of mounting arrears of the court cases cannot be eradicated without the full and unstinted cooperation of the member of the Bar and presiding Judges. We the member of judicial fraternity, have therefore to meet the challenge. It can be done by bring passionately driven to serve the cause of justice”[4]. Moreover it is a way of access for citizens who are frustrated by vexatious and protracted formal judicial system.

[1] Md. Aktaruzzaman, Concept and Law on ADR and Legal Aid, 2nd ed., (Dhaka, Shabdakoli Printers, 2008), p.9.

[2] Sarvesh Chandra, ‘ADR: is conciliation the choice’ P.C Roa ed., ADR: What  it is  and How it works,
  (Delhi: Universal Law Publishing Co. Pvt. Ltd, 2002), p.83.
[3] P.C Rao, ‘Alternative Dispute Resolution in India’, P.C Roa ed., ADR: What  it is  and How it works, (Delhi: Universal Law Publishing Co. Pvt. Ltd, 2002), p.25.

[4] Md. Aktaruzzaman, Concept and Laws on Alternative Dispute Resolution and Legal Aid, 2nd  ed., (Dhaka: Shabdakoli Printers, 2008), p.22

1 comment:

  1. Thank you for sharing such informative information about Alternative dispute resolution in India. This is very helpful blog on Alternative dispute resolution in India. I will come here again for getting more information.