INTRODUCTION

The Indian judicial authorities are one of the oldest and best acknowledged facts in the world, but now it is well recognized that the Indian judiciary has not managed pending cases and long trials are blocked by the Indian courts. The fact remains that the matter has not yet been resolved, even though over 1000 fast-track courts have been set up and millions of claims have already been dealt, due to unresolved litigation. To curb the situation an alternative solution was sorted out that is the Alternative dispute resolution (ADR) which may be a helpful way of dealing with this situation and, if all parties consent to the result, peacefully ends discrepancy.

ADR

The ADR definition will override current conflict resolution mechanisms. If individuals cannot initiate a solution and negotiate it in any way, ADR aims to address all types of issues, including civil, commercial, company and family relationships. ADR normally employs non-partisans who assist the sides in communicating, negotiating and resolving conflicts. It is a way to preserve harmony and social order and to minimize animosity among individuals and communities.

Importance of ADR in India

In India, ADR plays an important role in addressing the pending status of Indian cases through its various approaches. Objective solutions to the alternative method of dispute resolution are given to the Indian judiciary, which help reduce pressures on the courts. ADR offers different forms of arbitration including hearings, consultation, agreement and Adalat. Negotiations require self-consultation between parties to settle their disagreement, but no formal recognition exists in India.

The ADR is the basis of Articles 14 and 21 of the Indian constitution on equal justice before the law as well as the right to life and personal rights. In the preamble tradition, ADR is inspired by social, economic and political justice and the maintenance of equality. In accordance with Article 39-A of the Directive on State Policy, ADR has committed to achieving social rights and legal assistance (DPSP).

Disposition on ADR

Benefits

Various ways to ADR

Arbitral Proceedings

The arbitration process can't take place until a dispute arises until a binding arbitration agreement is formed. In this mediation, one or two people called arbitrators are involved in their disagreement. The arbitrator's decision is bound by the parties and is considered as the 'Price.' The aim of arbitration is to provide a satisfactory settlement without time or costs outside the courts.

An arbitration clause shall be invoked by any party to the contract in which the arbitration clause arises on its own motion or by its delegated counsel which expressly applies in the arbitration clause. The Arbitration clause here applies to a provision that stipulates action, wording, number of arbitrators, position of business or legal standing In the case of a discrepancy between the parties, an arbitration shall be held.

Mediation

Mediation is an indirect resolution of conflicts in which a neutral third party wants to facilitate the reaching a consensus between two or more controversial parties. Negotiations are fast and straightforward, since third parties are mediators to resolve disputes pleasant through constructive coordination and negotiation strategies. This mechanism governs the parties in full. The key role of the mediator is to promote the settlement of the disagreement between the parties. Mediator should not respect his opinions and does not decide what a just solution is supposed to be.

Conciliation

Conciliation is a kind of arbitration rather than formal. It supports the friendly approach of the parties who use the conciliator who visits the parties individually to discuss the conflicting parties' differences. The conciliator meets individually to address disputes between the sides, facilitate cooperation and understand the problem and find a solution Prior awareness is not obligatory and cannot be implemented by a non-conciliation group. This does not apply to arbitration.

Lok Adalat

Lok Adalat is acknowledged by existing or retired politicians, civic leaders or attorneys as the People's Court. The National Legal Service Authority (NALSA) conducts routine locomotives for the exercise of the same authority with other agencies of legal services. Lok Adalat can be extended to any lawsuit pending before the common court or dispute not brought before the judge. No court costs and strict protocols are available to make the process fast. Where the case is pending and carried over and then resolved on the Adalat locomotive, the legal cost charged to the Court shall be reimbursed to the parties on the appeal.

Parties consult directly with the judge, which in ordinary courts is not possible. It is the right of the parties to accept this already pending appeal before the ordinary court and refer both parties to Lok Adalat. Decision-makers are the only constitutional conciliators and can only convince the parties to settle the issue outside the daily court at the Adalat. The Legal Services Authority (State or District) shall, as the case may be, refer the matter to Lok Adalat where the other party has notified it of a pre-litigation submission. Lok Adalat may not have the experience to deal with non-compoundable offences.