Trending: Call for Papers Volume 4 | Issue 3: International Journal of Advanced Legal Research [ISSN: 2582-7340]


“Conflict is inevitable but the combat is optional” Disputes are damaging, time consuming and expensive. A dispute is to engage in an argument or a disagreement between two parties or people regarding an issue. When there is a conflict or difference of opinion between the parties that would apply to a dispute. A dispute can be at any level like it can happen in domestic level, territorial level etc. Your dispute maybe with a customer, supplier, manager, employee or business person. In each case how you deal with the dispute and other party differentiates your nature of the dispute with the other and gives a clear sense regarding the process of solving your dispute.

“Don’t let a little dispute injure a great resolution” .Dispute resolution is a process of solving issues or conflicts between two people or parties. In a broader sense conflicts are more complicated and deep rooted than that off a dispute.
The standard way of dispute settlement in India is judicial proceedings or litigation. So the legal system provides resolutions for many types of disputes, it almost covers all types of the disputes for resolution. Perhaps many people opt for court proceedings as it’s a standard way of resolving disputes in India and there’s lack of expertise in other methods of resolving disputes in India.
The extrajudicial process of solving a dispute is ADR, as it’s an alternative method of resolving dispute. It is a method of resolving disputes outside the court as it does not mean to replace the court system but to complement it. One of the significant complication or an issue in India is Docket Explosion Theory which deals with rate of pending cases which is increasing gradually. Due to many inadequacies present in Indian Judicial system , the work for the Indian Judges to give judgments or solve cases have become an encumbrance as the no of cases filed are presiding over the no of cases disposed. So in order to reduce the burden, ADR acts as an alternative method or a solution.
“A lot of problems in the world would disappear if we talk to each other instead of each other” ADR has experienced steadily increasing acceptance in India as it is more flexible, cost efficient and prioritises party autonomy. It offers shuttle diplomacy as the parties can be more comfortable during the sessions and take further discussions privately. In certain cases the ADR may become as expensive as that off litigation. Often the most costly part of solving a dispute is the time spent in dealing with it instead of running your business. ADR acts a quick fix as it has many advantages. Going to court for a dispute resolution is time, cost and effort consuming so make up your mind as going to court is the last resort. As ADR covers many branches of law except that off matters which are in criminal nature and constitutional issues. The main aim is to achieve better coordination and greater consistency in this field.
Ways of dealing with the disputes has gradually changed due to social and many other factors. India is one of the most diverse societies in the world. India gives a lot of importance to the concept of Dharma, mostly the Hindus. Dharma which is a Sanskrit Dhri, which means to support, hold up or bear.
“Dharyate anena iti Dharmah” that which supports, maintains, harmonises, nourishes, brings things together, and unites the inert and the sentiment, the individual and the society, nation. A concept that sustains the people in societal view. Hinduism provides the right values for resolving disputes through relational orientation and Dharma. Dharma constitutes the moral rights and obligations of an individual.
Hinduism emphases on Dharma, karma and Satyagraha, which deal with resolving conflicts. Dharma, which understood variously as the moral order, a principle that binds us all, righteousness, etc.; Karma, emphasizing the inevitability of the consequences of one’s actions, tolerance and non-violence; and Satyagraha, or truth force. There are a lot of Hindu teachings which enable people to resolve conflicts.
Mahatma Gandhi’s use of non violence in resolving conflicts from Hindu perspective which showed the world an alternative to violence and armed conflicts.
The Salt Satyagraha or the Dandi march was an anti violence civil disobedience movement in colonel India led by Mahatma Gandhi.
In fact conflict and peacemaking are the crucial concerns in the Hindu mythology .
The Astika philosophical traditions include six systems- Sankhya, Nyaya, Yoga, Mimamsa, Vaisheshika and Vendanta, where Nyaya aims to produce a critical examination of objects of

knowledge by the means of canons of logical proof.
Ramayana an epic of Human Drama has a set of conflicts and were solved through Dharma. Dasaratha refusing to send Rama with Visvaamitra after first having promised to fulfil any request. Conflict between dharma and paternal fears. Eventually dharma won over and the conflict was resolved.
Dasratha’s conflict between a promise to Kaikeyi and his abiding love for Rama; resolved by Kaikeyi and Rama (the former by explaining the problem, and the latter by abdicating the kingdom and vowing to return only after fulfilling 14 years exile in the forest.) There are many such, all the way to the Agni Pravesham of Sita after the war.
Vibheeshana’s conflict of sacrificing fraternal love for a higher truth. Vibheeshana was at odds with Ravana ever since the kidnapping of Sita; he tried time and again to persuade Ravana to correct his error. Finally faced with humiliation, he had to make a personal choice; resolution: the higher path of dharmic behaviour and conduct grounded in surrender to the Divine overruled the fraternal love he held for his brother.
The Vedic Scriptures provide documentation that political conflict existed when the Supreme Lord, Lord Krishna was present on the earth, said by Srila Prabupadha. The historical documentation Mahabharata emphasises a political and diplomatic conquest between two parties to conquer the entire planet.
In Mahabharata, we see two parties the evil party ( Kauravas) and the righteous party ( pandavas) who are less in number. The Pandavas were torchured and ridiculed by the Kauravas and in the dice game, Pandavas lost all their kingdom, wealth and possession and wrre forced to go to exile for 13 years. After coming back from exile, Pandavas wanted to peacefully negotiate with Kauravas wanted their kingdom back, but Kauravas were not even ready to give 5 villages to Pandavas. Then they prepared themselves for a war ( at Krukshetra).
Srila Prabhupada explains about the concept of Karma , which means you reap what you sow ( either good or bad). We can see this in the life of the Kauravas, who performed their prescribed activities of ruling without putting the Supreme Lord in the centre. Because of this, the Kauravas unknowingly started committing a lot of severe sinful activities, which in turn developed into negative karmic reactions.
During the battle of Kurukshetra, the Supreme Lord personally acted as the charioteer driver of the Pandava prince Arjuna and pulled the Pāṇḍavas out of many difficult situations, this winning the battle for the Pāṇḍavas.

Hinduism philosophy describes the fundamental realities of life. It gives ways to handle the difficult situation in life with utmost patience and also provides the philosophy for the conflict management and to work towards the conflict resolution. At the end we can say that Hinduism philosophy have provided us with immense knowledge of life and handed it to us to learn and apply in our daily life’s to make it better. It has been providing us with immense knowledge regarding the ways to handle conflicts in various forms with the end motive of promoting welfare and harmony in society.

1 Ramanika, BBA LLB, ICFAI law school, Hyderabad.