An Overview Of The Dispute Resolution Mechanism And The Different Types Of Methods Adopted In India To Resolve The Disputes With Its Pros And Cons

Abstract

Although law and literature are different branches of social science, yet they are common in many aspects both gave an utmost importance to humanity and treat all humans as equal. Literature and law have both facilitated the development of human beings and also have played a very important role and acted as a catalyst in evolving societal norms. Literature has always facilitated smooth functioning of law.it is difficult to imagine a human society without conflict of interests. Just like human conflicts are inevitable so equal inevitable are the disputes and for resolving these disputes there is a legal system in every society. Dispute resolution is an essential element of social peace and harmony¹. With the evolution of modern states and sophisticated legal systems, Courts run on very formal lines and presided over by trained judges, came to be almost exclusively entrusted with the responsibility of resolution of disputes. With the increase in number of cases because of high degree of formalization, the pace of administration of disputes became time consuming which lead to a search for a complete mechanism to the court process for speedy resolution of disputes. From all the attention it has received, one can assume that it is a new concept but it is based on a long and age-old tradition in India to resolve the disputes outside the formal legal system. Alternative dispute resolution (ADR) sometimes called 'Appropriate Dispute Resolution, is a general term referring to modes of conflict resolution other than those associated with courts and tribunals. ADR includes a mixed bag of activities ranging from adjudication and formal, binding arbitration to informal, open door policies, with intermediate possibilities including mediation, conciliation, and Ombudsman schemes². The paper will discuss in detail the dispute resolution mechanism and the different types of methods adopted in India to resolve the disputes amicably outside the courts.