Study of Alternate Dispute Resolution system (ADR) during pre and post independence in India
Keywords:
Dispute resolutio, independence, consciousnessAbstract
Dispute resolution outside of courts is not new; societies world-over have long used non-judicial, indigenous methods to resolve conflicts. What is new is the extensive promotion and proliferation of ADR models, wider use of court-connected ADR, and the increasing use of ADR as a tool to realize goals broader than the settlement of specific disputes. Alternate Dispute Resolution system is not a new experience for the people of this country also. It has been prevalent in India since time immemorial. Legal history indicates that down the ages man has been experimenting with procedure for
making it easy, cheap, unfailing and convenient to obtain justice2. Procedure for justice is indicative of the social consciousness of the people. Anywhere law is a measuring rod of the progress of the community.
References
Madhubhushi Sridhar, LexisNexis Butterworths, Alternative Dispute Resolution: Negotiation and Mediation, at 1, (1st Ed. 2006).
Mauro Rubino-Sammartano, Wolters Kluwer (India) Pvt. Ltd., New Delhi, International Arbitration Law and Practice, at 13, (2nd Ed., 2007).
P Malhotra, Indu Malhotra, Lexis Nexis, The Law and Practice of Arbitration and Conciliation (2nd ed., 2006) Id, at 5 and 6.
vneet Walia, Alternate Dispute Resolution And The Common Man, (Feb. 28, 2009), http://www.legalserviceindia.com/article/l312-Alternate-Dispute-Resolution-And-The-Common-Man.html
Civil Procedure Code, 1908 as amended and implemented in 2002.
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