As per the National Judicial Data Grid more than 29.7 million civil & criminal cases are pending in the lower courts across the country. Conventionally, any lawyer in civil matters initially gives advice to solve the dispute outside of the court, without the intervention of judge or judicial proceedings. We are familiar with the intervention of judge or judicial proceedings. We are familiar with the process of getting justice. Apart from this, the money & time being consumed sometimes reaches out of the budget of a middle-class family. People looses their savings, income in lawyer’s fees, courts fee & other expenditure .
For the easier & faster solution of the disputes, [Alternative dispute resolution attorneys ] paved methods such as arbitration & Mediation.
Arbitration is an alternative means of setting disputes by a impartial persons to both of the parties without the intervention of the court proceeding. Trival matters that used not to be taken in the court, or civil suits are given priority for such process. The arbitrator are chosen directly by the parties which they have agreed to use a court ordered arbitrator or an arbitrator from the American Arbitrator Association . when the parties submit to arbitration their case , they are bound and comply by the arbitrator’s decision. Arbitration proceedings , presenting of witnesses and evidences , then the informal proceedins among the parties and the arbitrator. These proceedings lasts for few hours and opinions aren’t recorded . initially arbitration has long been used in labour,construction and security,regulation but now gaining counsiousness in business and family disputes too.
Whereas mediation is a non- adversial method of (ADR) Aletrnative Dispute Resolution in which a non-biased party helps to resolve the matter. Its upto parties whether aceept or not the outcome of the proceeding . if party feels it satisfactory and acceptable upon their terms and conditions ,otherwise parties can pursue a lawsuit . a mediator doesn’t offer opinions or predict the outcones.
Outside of court settlement is advantageous as we have so many cases pending and it saves money and time of people. In country like India ,where relations are given priority and are considered to be more important , this method saves them. In courts ,whenever the judge finds any chance of solving the matter without punishment , they can refer the matter for settlement also, to lower courts or lokadalat.
Written by Kritika Sahu