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Chapter-6 Conclusion & Suggestions
Chapter-6 Conclusion & Suggestions
Chapter-6 Conclusion & Suggestions
6.1 Conclusion
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The Administration of justice system in India has come under the great
stress for so many reasons mainly because of the large number of
pendency of case in courts. The large number of case filed in the court
every year which has shown a tremendous change in recent year resulting
in delay and pendency underlining the need of Alternative Dispute
Resolution methods.
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appointed the arbitrator they have left no choice to go the court. The
process of arbitration is also misuse in International commercial
arbitration where the arbitration agreement or the arbitration clause may
stipulate sole and mixed arbitral commission. There is no provision of
appeal against the arbitral award this is also a loop point of arbitration
unfortunately the process of arbitration is misused by companies and
parties conclusively we can say for the survive of arbitration the courts
and advocates must insist on Institutional Arbitration to save guard this
wonderful concept of dispute resolution lest it gets hijacked by expenses
arbitrators and fraudulently companies.
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including the settlement through Lok Adalats, and mediation. Out of the
above procedures indicated in Section 89, all the other except mediation,
have already gained statutory independence, in the sense that Arbitration
& Conciliation are now governed by the 1996 Act and Lok Adalats are
regulated by the Legal Services Authority Act. But mediation alone has
not so far gained statutory liberation, in the form an independent
legislation.
1
Manju Gupta V National Insurance Company,I (1994) ACC 242, 1994 ACJ 1036
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compromise or settlement between the parties. If the parties do not arrive
at any compromise or settlement, the case is either returned to the court of
law or the parties are advised to seek remedy in a court of law. This
causes unnecessary delay in the dispensation of justice. If Lok Adalat has
given power to decide the cases on merits in case parties fail to arrive at
any compromise or settlement, this problem can be tackled to a great
extent”. However this defect has been removed in permanent Lok-Adalat.
It has also been observed that since the forum of Lok-Adalat are headed
by the person from judiciary, they assume the role of Lok-Adalat as
judicial forum and deviate from the basic objectives for which it has been
formed. The Supreme Court has also lamented on this issue.
Lastly, the importance of ADR mechanism can be aptly put in the words
of Abraham Lincoln :
6.2 Suggestion
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i. Firstly for the implementation of ADR, the public should be aware there
is another method of settlement of dispute other then the court of law. In
other words, there should be frequent awareness progammes for the
public so that they come to about legal aid schemes.
ii. Though the legal Service Authority are doing their best in giving legal aid
to the poor, the central government and state government must should
provide adequates funds for effective implementation of the legal service
authority act.
iv- The mediator/councilors must also be given some powers to take suitable
action so that the parties should participate in the mediation/conciliation
proceedings. It needs to be done because the even after orders of the
courts and request by the mediators/councilors, the parties do not appear
before the mediators willfully because they know nothing will happen if
they don’t appear before mediator/councilors.
v- The order passed by Lok Adalat under legal service authority act should
have binding force. It is seen that some time the order her passed in the
Lok Adalat between the private person and the state Government and
when the order is not complied with by the state government, that person
is not having remedy to file contempt petition for non compliance of the
order passed by Lok Adalat. Because of these ambiguities, the parties do
not wish to get order from the Lok Adalat, instead the parties want the
order be passed by regular courts so that it has binding force.
vi- Some times lawyers do not take interests in referring the matters to be
resolved by ADR methods as the councils get handsome amounts in
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litigation on hourly basis or date wise but when the matter is decided
through ADR without intervention of the court. To overcome this
situation lawyers should help the litigants as a social work and the lawyer
doing such job should be praised by the courts and even by the public.
vii- Some times lawyers suggest their clients to settle the matter through
compromise but the litigants do not agree with the suggestions of lawyer
instead they doubt the suggestions of the council. In these circumstances
courts should intervene in the matter and forcefully direct the parties to
go for settlement.
viii- Since the arbitration proceedings are lengthy in comparison to other ADR
methods, the arbitral tribunal/arbitrator before starting arbitration
proceeding should try to act as a mediator for resolving the dispute or
may refer to third person for mediation which will sake the time for
adjudication of the matter.
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regard. The government funds utilized in these schemes but it does not
reached to actual beneficiary. Legal Service Authority should also take
help of social organization in the implementation of legal service
authority act.
xi- Now a days cases of cyber crimes or crimes through social media are
generally seen and some time these crimes are not done intentionally or
willfully, the people of India are in the stage of learning information
technology or electronic methods in their routine work and by mistake
some wrong things happen and these things are crime under the
information technology act and Indian penal code and in other laws but
the public is not aware about these laws. Today we are in the era
electronic age, the government is insisting the public to use electronic
methods, Governments must give training programme to public to use
electronic methods in also to run awareness programmes for enabling the
public to know the law about cyber crimes and this will ultimately reduce
the crime ratio and will say the time of the courts.
“The reality today is that we are all interdependent and have to co-exist
on this small planet. Therefore, the only sensible and intelligent way of
resolving differences and clashes of interests, whether between
individuals or nations, is through dialogue”. ----Dalai Lama
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