David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Alternate dispute resolution is becoming more and more popular in India in the present day context. The backlog of cases is alarmingly increasing and disposal of disputes expeditiously are a must for the maintenance of rule of law in the largest democracy in the world. The economic liberalisation in 1991 made more burdens on the courts. The present paper discusses the use of ADR as a tool to reduce the backlog of cases in India through Arbitration, Mediation and Conciliation. Lok Adalats, Gram Nyayalayas and Nyaya Panchayats are the contribution of India to the jurisprudence of ADR. The new Nyaya Panchayat Bill, 2006 and Gram Nyayalayas Bill, 2007 are examined closely. This paper argues that the concept of ADR should be "Indianised" to adapt to the local conditions. In order to counter the opposition from the lawyer community, the law schools should include curriculum to train the law students for amicable settlement of the disputes rather than the present system of promoting litigation.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Colin Rule & Larry Friedberg (2005). The Appropriate Role of Dispute Resolution in Building Trust Online. Artificial Intelligence and Law 13 (2):193-205.
Andreas Westermeier, WTO Rights and Human Rights in the WTO Arbitration (WTO-Rechte Und Menschenrechte Im WTO-Schiedsverfahren).
Douglas Walton & David Godden (2005). Persuasion Dialogue in Online Dispute Resolution. Artificial Intelligence and Law 13 (2):273-295.
Judy Gutman (2011). Litigation as a Measure of Last Resort: Opportunities and Challenges for Legal Practitioners with the Rise of ADR. Legal Ethics 14 (1):1-20.
Laurens Mommers (2005). Legitimacy and the Virtualization of Dispute Resolution. Artificial Intelligence and Law 13 (2):207-232.
Added to index2009-01-28
Total downloads8 ( #194,740 of 1,679,382 )
Recent downloads (6 months)1 ( #182,933 of 1,679,382 )
How can I increase my downloads?