19 Jun Do we really have to go to courts?
Have you ever been into a dispute? Have you ever been to courts? Did you even know that the courts have the pendency of around 2, 67, 73,356 cases and counting and that it will take another 23 years to resolve them? Right!! You must be shocked. We all have disputes. Don’t we? Be it home, office, work etc., some tend to grow bigger which ultimately lead us to choose courts. But why courts? Why do we have to go a place that is already filled up till the brim with cases?
And to make it worse we have lawyers who for their own benefits lure their clients to make a small issue a dispute so to hire them. They simply don’t want you to be aware of other easy mechanisms of solving issues that exist in our judicial system. We should not assume that lawyers are adequately educating their clients. The lawyers have become gatekeepers of the court and for their own personal gains they do not educate the clients enough about other alternatives, just to make money which infact increases their hardship. They have to undergo time consuming litigation process, heavy fees and above all mental trauma .So till a dispute is resolved either the damage has become irreparable or the fees of the litigation have overpowered the amount claimed.
It would also amuse you to know that 80%of the disputes can be resolved without going to courts, which brings me to the point that why not to opt for some alternative method of resolving disputes without going to the courts.Yes,you read it correct. There we have our solution to the problem, ALTERNATIVE DISPUTE RESOLUTIONS.
Basically, Alternative Dispute Resolution is a mechanism that helps you to resolve the disputes in an easy manner outside the courts. It is the procedure for settling disputes without litigation, such as arbitration, mediation, or negotiation. ADR procedures are usually less costly and more expeditious. One of the primary reasons you can opt for ADR is unlike long procedures of litigation people are made to sit face to face and solve their issues amicably.
In other words, mediation helps you to arrive at a resolution based on your ideas of what is fair in your situation, rather than having a solution imposed upon you based on rigid legal principles. For e.g. the couples involved in divorce cases should consider mediation as an option because mediators act as facilitators to help you and your partner figure out what’s best. So there are different kinds of these mechanisms that include arbitration, mediation and conciliation etc. The reliefs provided are so vast that a person can get relief in almost every kind of dispute be it family matters, divorce cases, international disputes or even business and commercial disputes. So under ADR the party can appoint an impartial mediator or an arbitrator who can help you to resolve the disputes after hearing cases from both the sides Where trials and proceedings in the courts take around 2 to 3 years ,these mechanisms can be done in 4 to 5 sittings and that too effectively.
Also you would be surprised to know that like the court judgments even these decisions given by an arbitrator or mediator can be legally enforced which simply means that they have a legal value under various Acts that have been made by the legislature. Mediation is a powerful process and many cases that seem impossible to resolve at the beginning end up in a settlement if everyone is committed to the process. It has been made obligatory for the courts to refer the disputes to Alternative Dispute resolution methods before going to the court
.Little did you know that in 2016 India has established its own Arbitration Centre i.e. is Mumbai Centre For International Arbitration, Mumbai one of its kind after Singapore and London And for this purpose there are certain not-for-profit organizations namely Federation of Integrated Conflict And Management(FICM) MediationAndConciliationNetwork(MCN),International Centre for Alternative dispute Resolution(ICADR) etc. that are trying to reach to the public for helping them to resolve the disputes in amicable manner.
These kinds of organizations are working with a motive to aware people about such mechanisms that help them to resolves their dispute in no time and are cost effective unlike the traditional court way where lawyers are ready to befool you with their tactics. Not only the courts but also the lawyers should educate and make people aware about these methods to reduce the burden of pending cases in the court.