Answer:

Justice delivery system plays a fundamental role in promoting public interest and in the preservation of order in the society. Effective system for the resolution of disputes is essential for dispensing justice.

Problem with justice delivery mechanism

♤ To get justice through courts one has to go through difficult and expensive procedures involved in litigation. Serious concerns have been shown by all the concerned with the justice dispensing system over the costs, delays and congestion in the courts.

♤ Dispute resolution through legal proceedings in the courts has become excessively procedural and adversarial in nature, thereby resulting in undue delays, high costs and unfairness in litigation. Huge pendency of cases has serious implications for society’s trust and credibility in the judicial system.

♤ Besides this, the adversarial nature of litigation in the formal courts is not found to be conducive to the social and business relationships, which are needed to be preserved. This system does not generate a climate of consensus, compromise and co-operation. Adversarial litigation does not end in harmony usually,

This state of affairs has caused dissatisfaction among the parties to the dispute and has led to the development of a more flexible means of dispute resolution. The trend worldwide since the last decade has been to resort to alternative dispute resolution (ADR) methods due to the shortcomings being faced in the formal justice delivery system.

Advantage of ADR mechanism

The process of dispute resolution by ADR is different from that of the judicial process. Under ADR, disputes are settled with the assistance of a neutral third person, generally of parties’ own choice; that person is generally familiar with the nature of dispute.

♤ Here the proceedings are informal without any procedural technicalities. It is expeditious, inexpensive and confidential. Thus the decision-making process aims at substantial justice. The goal is to provide more effective dispute resolution. Availability of ADR creates more choices within the justice system.

Types of ADR

The ADR mechanisms can be divided into two parts. These are adjudicatory and non- adjudicatory.

♤ Adjudicatory method is the one where the neutral third party hears both the parties and thereafter decides the matter. This method is called Arbitration.

♤ Non-adjudicatory method is where the neutral third person does not decide the matter. Rather the parties to the dispute retain their control over the outcome of the proceedings. These mechanisms are Negotiation, Mediation and Conciliation.