With the increasing number of pending cases the courts across the country, a number of legal experts have emphasized on the need for Alternative Disputes Resolution (ADR) to help bring speedy resolution to cases. Various aspects of ADR through mediation, conciliation and arbitration were discussed at a National Conclave on ‘Alternative Dispute Resolution: Mapping the Challenges in India’ at Uniterworld School of Law in Ahmedabad on Sunday.
Supreme Court Judge, Justice J. Chelameswar, was present as the chief guest at the Conclave. In his keynote address, Justice Chelameswar said that if ADR mechanism needs to succeed, it needs to be very different from the current legal system. Else, it will not serve the purpose of delivering speedy resolution.
“The very fact that ADR is an alternative or additional mechanism implicates that the existing judicial system has certain inadequacies,” said Justice Chelameswar.
In fact, according to chief justice of Gujarat High Court, justice R. Subhash Reddy, who was also present as the guest of honour at the conclave, some 21.40 lakh cases were pending with the high court as on February 2016, when he joined office as the chief justice.
Echoing a similar view Justice J. Chelameswar, said, “Litigation takes decades in this country and the delay is largely due to the procedural law. Adjudication process in the legal system takes time because the two processes – securing the presence of the opposite party and gathering the evidence necessary to establish facts presented by the other party seeking litigation – are multifaceted and thus take time.”
As carried in TOI on 18/9/2017