The document proposes establishing Community Conciliation Centres at the assembly constituency level across India to help address the huge backlog of court cases. These centres would aim to provide less expensive, more timely justice through arbitration, mediation and conciliation. Eight elected mediators per constituency would arbitrate disputes locally to reduce procedural delays and litigation costs compared to the court system. The centres would operate under the Arbitration and Conciliation Act of 1996 but have their own appeals process. The goal is to promote alternative dispute resolution and educate the public about arbitration.
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
Alternative dipsute resolution system is informal method of resolving conflicts. there are different modes of ADR viz., negotiations, mediation , conciliation and arbitration etc.
A Critical Examination of the Mediation Bill, 2021_ India's Dispute Resolutio...Free Law - by De Jure
Mediation is an example of ADR. ADR, or Alternate Dispute Resolution, refers to methods for resolving disagreements between people that do not include a formal trial. ADR processes are less formal than typical court proceedings and help to save money while obtaining quick results.
Alternative dipsute resolution system is informal method of resolving conflicts. there are different modes of ADR viz., negotiations, mediation , conciliation and arbitration etc.
A Critical Examination of the Mediation Bill, 2021_ India's Dispute Resolutio...Free Law - by De Jure
Mediation is an example of ADR. ADR, or Alternate Dispute Resolution, refers to methods for resolving disagreements between people that do not include a formal trial. ADR processes are less formal than typical court proceedings and help to save money while obtaining quick results.
2. The Problem Explained
3.5 crore cases are pending
across courts in the country.
India’s judge to
population ratio (14
judges per 10 lakh
people) is the lowest in
the world; whereas the
average in developing
countries is roughly 40
judges per 10 lakh
people.
Average disposition time of a case
is 15 years.
The SC has recently observed that
litigation has become expensive
and time consuming.
3. Our Proposal
Proposal to constitute constituency
level Community Conciliation
Centres to address the problem.
Three Issues to be Addressed Simultaneously:
- Less expensive redressal of disputes
- Ensuring time-bound justice
- Reducing procedural wrangles In tune with the observations of
Supreme Court, an attempt must
be made to promote Alternate
Dispute Resolution systems to
meet the requirement.
4. Community Conciliation Centres
The Community Conciliation Centres are for
at the local community
level.
They will be instituted at
assembly constituency level in
every state/union territory.
Arbitration in these centres
includes Mediation and
Conciliation.
5. The Basic Idea
To encourage people to adopt and accept arbitration
as means of dispute resolution because there is need to
develop Alternate Dispute Resolution systems.
Creating a concrete platform to take
forward the concept of arbitration as
envisioned in the Arbitration and
Conciliation Act, 1996.
To give every citizen economic and
time-bound solutions to disputes at
local level.
6. Working Mechanism
Jurisdiction
A CCC’s jurisdiction covers its own
constituency. If there is a dispute
affecting people in different
constituencies, jurisdiction will be
decided on the basis of cause of
action.
What is the scope?
These centres function under the
provisions of the Arbitration and
Conciliation Act 1996.
Appeals
Appeals will not go to court. An assembly of all
the 8 Mediators will form a Bench which can be
approached for appeals.
Who will work in the Centres?
The 8 Mediators will be elected
from amongst the community, and
they will hold a job that is
recognised by the government,
i.e., a government job.
The Mediators
The 8 Mediators will elect
from themselves a head
who will take care of the
maintanance of the Centre.
7. Distinct From Lok Adalats
The Arbitration and Conciliation Act, 1996
expects people to appoint their own
arbitrators.
This is taken care of at the
community level in this system.
8. Why CCCs Instead of Courts
Unique Feature of Community Conciliation Centres:
It is a better idea to create Community Conciliation Centres instead of going for
creating new courts because
Less procedure ensures
time-bound justice
Appeals at court take timeLitigation in courts has
become expensive
9. Spreading Awareness About ADR
Systems
This will lead to reduce the impact of docket explosion
in courts.
There is a dire need for
spreading awareness about
Arbitration as an alternate
dispute resolution system.
Volunteers from various legal
professions are roped in to
conduct workshops and public
meetings.
Lawyers, judges and other eminent legal
scholars are given opportunities to
interact with the common-man to spread
awareness about Arbitration
The programme aims to educate and
encourage people to accept Arbitration
as an ADR system.
10. Funding
Government’s funds will be
used for the infrastructure
of the Centre: Building,
management, etc.
Parties will be asked to
pay a fee equal to the
court fee for regular
maintanance of the Centre.
Capital Expenditure Revenue Expenditure
Since the apex court has been advocating that the litigant public
must resort to Alternate Dispute Resolution systems, the government
must extend the necessary financial sustenance.
11. Pros and Cons
Speedy Justice is ensured to all
citizens at community level
No question of expensive
litigation; economic redressal
Less procedures; less time-
consuming
Democratic Element in election of
Mediators:By people’s own
choice they can elect their own
judges.
People might be apprehensive about approaching the
new system
CAN BE ADDRESSED BY AWARENESS CAMPAIGNS
High cost involved in elections might deter government
IT IS CHEAPER THAN INSTITUTING NEW COURTS
Backlash from the Lawyer Community
CAN BE ADRESSED BY INCLUDING A LAW DEGREE AS
QUALIFICATION FOR A MEDIATOR
Deciding a jurisdiction in case of inter-constituency
disputes.
COMING UP WITH STRICT GUIDELINES WILL SOLVE THE
ISSUE
PROS CONS
12. References
The Arbitration and Conciliation Act, 1996
‘Litigation Beyond the Reach of Poor, Says Apex Court’, Article in The New Indian Express, dated
25th August 2013 http://newindianexpress.com/nation/Litigation-has-gone-beyond-reach-of-
poor-man-SC/2013/08/25/article1751207.ece
‘CJI, P Sathasivam on Arbitration’, accessed from http://lexarbitri.blogspot.in/2013/07/chief-
justice-of-india-designate-p.html
‘Practical Approach to Arbitration and Concilliation’ by Aruna Sarma (2006)
‘Law of Arbitration and Concilliation Including Other ADRs ‘ by SK Chawla (2012)
‘Commentary on the Arbitration and Conciliation Act’ by Justice SB Malik (5th Edition 2011)
‘The Law And Practice Of Arbitration And Conciliation’ by OP Malhotra & Indu Malhotra (2006)