Alternative Dispute Resolution: It is known to all that are present judicial system is extremely

expensive and time-consuming. The parties to the dispute have to wait for justice for years .this
naturally reduced the faith in the judicial system. This weakness of the judicial system has given
birth to alternative remedies for the disposition of disputes. when alternative remedies provide
fast justice with their use is increasing day by day.
Prior to proceeding further, it shall be appropriate to state hair that alternative dispute
resolution system is not an option to the official judicial system but it is supplementary to it.

Alternative dispute resolution techniques

The following main techniques are used for the settlement of disputes:
1. Negotiations: The first alternative dispute resolution technique is negotiation. it is the
most simple and less expensive mode of disposition of disputes. both the party sit
together to discuss the dispute and trying to find the solution of the dispute mutual
decision does not involve the reference of the third party. if parties discuss with clear
heart and patience it increases the possibilities of achieving a solution. the mutual
decision required a harmonious atmosphere. if a party does not make the dispute a
question of its prestige then the solution is easy.
2. Conciliation and Mediation: Alternative dispute resolution technique is conciliation and
mediation. When the party’s failure to solve their dispute by mutual decision then third
person help is taken. Search the third person is called conciliator or mediator. He is
Sachin important person who is not related in any way to the dispute. He makes perfect
for discussion or conciliation between the parties. He makes recommendations to
dispute and assists the conflicting parties to find out a solution to the problem .he also
use his virtuous disposition and his influence.
3. Med-Arbitration: The third alternative dispute resolution technique is med arbitration.
Where in the settlement by negotiation is failed then the conflicting parties authorised
III independent person to adjudicate upon the subject matter of dispute and the
decision of such third person is binding upon both the parties? This mode is not
controlled by the arbitration act and there is no formalities the reference of the dispute
is also made informal way under it.
4. Medola: When the party fails to reach any settlement of the dispute by mediation then
the process of Medola beings. In this method, the person who doing mediation occupies
the place of the arbitrator . This person impartially picks up the dispute points from the
proposal taken between the parties during the negotiation. Dispute. So pick up by that
third person is binding upon the parties. That person keeps the agreed point aside and
the dispute. Are taken up so as to settle the dispute by taking a middle course to the
satisfaction of the parties in dispute.
5. Mini-trial: The mini-trial is also an important alternative dispute resolution techniques.
This is different from a formal case trial. In this method, the party have the freedom to
select and impartial and honest person of undisputed integrand the parties can present
their case in a summarised form. That person on the basis of submission of the parties
considers the positive and negative point concerning the parties and thereafter he
renders advice to the parties and makes effort to get settle the method by the parties.
 The parties believe in such a person and negotiate on such advice because such a
person is an impartial and honest person and Standards his advice after hearing both
the parties.
6. Arbitration: Arbitration is an effective alternative dispute resolution techniques. Parties
to disputes referred the disputes to arbitration. The arbitrator is also appointed by the
parties to dispute. Arbitrator passes an award after giving an opportunity of hearing to
both the parties. Search a word on being final has a binding effect over the parties like a
decree of a court. The arbitration and conciliation act 1996 provide only for arbitration.
One form of arbitration is a fast track arbitration. Init the arbitral proceeding are
conductive very fast and the dispute is solved within a few days. It is generally used to
solve trade and commercial disputes.
7. Pre-trial conciliation: The mode of pre-trial conciliation is also increasing in these days.
It was first used in the state of Himachal Pradesh and now most of the state of following
it. In this conciliation is attempt before commencing the trial. Provisions in this regards
have also been made in the Legal Aid authority act 1987.
8. Lok Adalat: Lok Adalat is the most popular alternative dispute resolution techniques.
Now the LokAdalat have obtained a legal form. Numerous cases are being settled
expeditiously and with less expensive by way of Lok Adalat. They are the oldest form of
the resolution process. Lok Adalat is not a new name in India . from ancient time
LokAdalat have prevailed in one way or the other. There was a time when in village
disputes of society and family where being settled by the reputed person of society and
family such person were made 500 mediator for solving disputes this word letter known
as PanchParmeshwar the decision of these 5 and mediators were accepted by all and
work binding on all. Disputes were of often solve at chaupal of the village the pants and
mediators did justice before the public at this chaupal and Justice was like equity justice
and good consigned this tradition of judicial Addajudication continue and become
famous in modern time is Lok Adalat.
Lok Adalat provide sufficient opportunity of hearing to both the parties. Section 19 of the legal
service authority Act 1997 provides the Lok Adalat. The Lok Adalat was conducted by the
judicial officer advocate and social workers. It attempts to achieve compromise or settlement
between the parties and award passed by Lok Adalat is equivalent to a decree of Civil Court. Of
forms which solve the dispute between the parties through compromise or settlement is Lok
Adalat. The concept of Lok Adalat is extremely ancient. It was known in pass S
PanchParmeshwaraur justice at chaupal.

Permanent Lok Adalat:

The amendment of 2002 in the legal service authority act 1987 provides the permanent Lok
Adalat. These are constituted by a judicial officer of Higher Judicial Service of the rank of district
judge and two other members. This LokAdalat finalizes the cases related to public utility
service:
Award passed by permanent Lok Adalat:
 Shall be final
 Is binding over parties
 Shall be equivalent to the degree of a Civil Court
  Is not capable of challenging in any civil suit application or execution proceeding.
(Section 22 two of the legal service authority act 1987 provides the public utility
service).
The benefit of alternative remedies
The growing importance of alternative dispute resolution system has variation reason like-
 It is an extrajudicial proceeding
 The technical rules of code of civil procedure and Evidence Act does not apply over it
 Then lead to quick disposal of disputes
 It is left the expensive system
 Advocate are not required in it
 Parties themselves appoint conciliator and arbitrator so that they reduce the chance of
biases and corruption.
 All these proceedings are conducted in harmony see atmosphere so that the relation of
parties remains good.
 The solution neither leads to loss and win of any party it is said that to this extent
regarding Lok Adalat that summary of Lok Adalat no wins no loss.
 This system reduces the burden of courts.

Its importance in India

Alternative dispute resolution system has great importance in India here, Numerous cases are
pending in the court which required a lot of time for the disposal and are also expensive. On
25th fact 2001, it has been stated by the law minister Arun Jaitley in Parliament that there is 2
crore 34 lacs pending cases in courts for decision. Alternative modes for their resolution are
required for their quick disposition.
It also showed the main reason of introducing present arbitration and conciliation act 1996 due
to the reason of an increase in a number of cases in court delay in the trial extremely expensive
system except the alternative dispute resolution is required to be promoted. Also, India is an
agricultural country there is a majority of farmers and villagers most people are illiterate and
poor hence because of this reason is the alternative disputeresolution system could be a boon
for India.
The custom to solve disputes by way of arbitration and conciliation is being off allowed from
the past. Disputes where solved in village weather at chaupal or by negotiation of prestigious
people. Before the beginning of formal administration of justice arbitration and conciliation
where are the major source of administration of Justice. Arbitration is a good method of solving
disputes bhaiya selected person with the mutual consent of both the parties to disputes in
which such selected person act as judge. With the passage of time Panchayat was created and a
group of 5 persons started providing justice later this system was called arbitration. Regulation
of various provisions that is regulation of Bengal, China and Mumbai had the place for this
system. The Bengal regulation of 1793 provided a system of referring the disputes with the
consent of the parties to the arbitrator or adjudicator. Letter on the provisions for the
appointment of an arbitrator was made in the civil procedure code 1859 and arbitration act
1899. Under the Bengal regulation of 1822 powers to arbitrate were also delegated to the
revenue courts. Slowly with time, the system of arbitration kept on increasing. In 1940
arbitration act was enacted which was applied equally throughout India. With the passage of
time, this act was also criticized and its defects started to come into knowledge. It resulted in
the passing of a new act in 1996 called arbitration and conciliation act.
Arbitration is an easy or simple platform to solve disputes. Solving disputes through arbitrator is
an ancient custom. In the past when any dispute arose in the village it was solved by the help of
punches. Such a path where the reputed person of the village and there was faith and
confidence over them. Their decision was binding overall. With the passage of time, it’s
adopted the nature of law and was being called arbitration. Not only this it was provided
International nature by Geneva Convention 1927 and New York convention 1958