"ADR"

                 ALTERNATE DISPUTE RESOLUTION
Today economies of many nations have come together for the purpose of trade and commerce and this is the unswerving result of Globalisation.It has been a great tool for envisioning world as a market for trade. When economies come together it leads to the rise in Industrial disputes, Commercial disputes, International disputes etc.
Avoiding these disputes is not the remedy but rather the remedy is in laying down mechanisms to resolve these disputes amicably. It is a sine qua non for growth and for maintaining peace and harmony in every society.
ubi jus ibi remedium – This legal maxim rightly laid down the foundation of legal system in every human society. It means whenever any wrong is done to a person, he has a right to approach the court of law. This legal pattern of resolving dispute has resulted in abundance of pending cases, which rightly justifies the saying “justice delayed is justice denied”. The legal proceedings in a court of law get stretched down the years consuming heaps of money and which ultimately leads to disruption in business and career.
These unending and complex court procedures propelled jurists and legal personalities to search for an alternate. The search has been a great success with the discovery of alternate forum called Alternate Dispute Resolution, which is commonly called by its “ADR”.
ADR is being increasingly acknowledged in the field of law and commercial sectors both at national and international levels. Its diverse methods have helped parties to resolve their disputes at their own terms cheaply and expeditiously.
Benjamin Franklin once said; “when will mankind be convinced and settle their difficulties by arbitration”. I think Indian community can aptly answer him by providing the example of Panchayat System, which in reality is not very different from modern ADR system. Infact, panchayat system is rage in India from centuries. It is a process by which a neutral third party usually a person of higher stature and reputation deemed to be unbiased during adjudication will be rendering legally binding decision. Unfortunately, this system has lost its reliability due to intervention of politics and communal hatred among people.
Alternate Dispute Resolution is rapidly developing at national and international level, offering simpler methods of resolving disputes. Increasing trend of ADR services can easily be understood from the growth of “Arbitration clause” in majority of the contracts today.
The importance of ADR mechanism can be put in the words of former US President Abraham Lincoln –
“Discourage litigation persuade your neighbors to compromise whenever you can point out to them how the nominal winner is often a real loser, in fees, expenses, waste of time…”
Read more:

www.adrnow.org.uk

www.justice.gov.uk/about/alternativedisputeresolution.htm

www.odr.info/THE%20CULTURE%20OF%20ADR%20IN%20INDIA.doc