Topic > Essay on ADR vs Litigation - 1414

Man is not made for the law, but the law is made for man. Man is led by the law. Man does not fear moral wrongs and therefore to create fear in the mind law is created. Law can function properly only when there is an interaction between both (law and man). Let's talk about the constitution of India which guarantees equal rights and justice to all. But if we look at the current practical scenario, everyone has the same rights but they are not enjoyed equally by everyone. The enforcement of rights is up to the courts, but unfortunately the judicial procedure is very long and expensive. The expression access to justice traditionally understood by man was that of access to the courts. But the courts, due to lack of resources, are inaccessible to the poor, socially and economically backward classes. As one of the most important tasks of the welfare state is to provide judicial and non-judicial dispute mechanisms so that disputes can be resolved as quickly as possible, Article 39(a) has been inserted which talks about providing free legal aid. The new Alternative Dispute Resolution (ADR) system has now been launched. The above-mentioned form of ADR includes various forms of dispute resolution such as arbitration, mediation, conciliation, Lok adalat etc. How the dispute resolution system is better than litigation (ADR v litigation): Our judicial system is based on the Anglo-Saxon model of jurisprudence, better known as the adversarial system. The logic behind the adoption of the ADR method is undoubtedly the need to find a method to circumvent and possibly eliminate the enormous problems plaguing the litigation system. These courts are faced with the following problems. Problems can be broadly classified into: (1) delay; (2) expense; (3) rigidity… middle of the paper… throughout the legal community. The most desired function of Lok adalat may appear to be to clear the backlog. With the latest report showing 3 million pending cases in Indian cases are resolved by such method. It can therefore be concluded that the concept of Lok adalat has been a success in practice. Lok adalat plays an important role in strengthening and promoting “equal access to justice” which is at the heart of the constitution. There is a need to make full use of this Indian contribution to global jurisprudence on ADR and then organize maximum Lok adalat to ensure the principle of access to justice for all. The only problem or drawback of Lok Adalat is that lawyers are not much interested in solving problems through Lok Adalat as it creates hurdles in their daily bread. It is a kind of opportunity provided to resolve the dispute.