Berhampur, Nov 16: Increased use of alternative dispute redressal (ADR) mechanism can offer speedy delivery of justice, Orissa CJ B S Chauhan said on Sunday. He further said that otherwise it would take 300 years to clear the backlog of cases in India.
"The courts in India are overburdened in such a way that
it will take about 300 years to clear the backlog of cases
even if no case is registered from today," Justice Chauhan
said in Behrampur, addressing a seminar on 'Mediation: an instrument
in quick dispensation of justice'.
The need for popularising ADR mechanism like
arbitration, conciliation, Lok Adalat and mediation was
emphasised at the seminar, organised by Orissa State Legal
Services Authority.
The Arbitration and Conciliation Act, 1996, was an
attempt to reform the law of arbitration and an endeavour to
put on a statutory footing in the process of mediation, the
speakers said.
Justice Chauhan said the concept was a powerful tool for
settlement of many disputes as the judicial system in the
country failed to deliver quick justice to litigants.
Stating that mediation was nothing but "assisted
negation of dispute settlements", he said the mediator should
have knowledge of law and integrity. Unlike arbitration and
court trials, mediation was not a determination but a
facilitated negation, the chief justice said.
"The process not only provides quick solution, but is
less expensive also," he said and asked advocates to encourage
their clients for settlement of disputes through negotiations.
The system of ADR was not new in the country. In the
medieval period and in the 'Puranic' age disputes were being
settled through negotiations, he said.
In several parts of the country, mainly in tribal areas
of Rajasthan, tribals prefer solving their disputes through
mediator to go to the court, he said.
In orissa, 10 ADR centres have been opened at places
like Cuttack, Bhubaneswar, Ganjam, Khurda, Baripda, Sambalpur,
Balasore and Jeypore to encourage people to settle disputes
through the mechanism.
The Centre had sanctioned Rs 40 lakh for improving
infrastructure, said S Mohanty, secretary of state Legal
Services Authority.
Bureau Report
First Published: Sunday, November 16, 2008, 00:00