Some people considered law as a measuring unit to assess the progress. This does not mean, that there cannot be the progress in absence of written law. Law is nothing but the manmade bundle of codes to govern their own conduct. In primitive era, what the head of family or community lays down, considered as binding law for that family or the community.
Alternate Dispute Resolution system has a long history. Legal history shows that throughout history, man has experimented with procedures with a view to obtain justice simple, inexpensive, reliable, and convenient. Nonjudicial, local dispute resolution is not new; communities all over the world have been using from long back the various local techniques to resolve disagreements. They were in addition (ADR) to judicial modes. Now ADR tools have become more dynamic with the widespread endorsement and multiplication of methods, as well as the increased use of courtconnected ADR as a tool to achieve purposes which is more than the simple resolution of specific nature of disputes.[1]
During ancient period, there were town level establishments to inquire and settle the disputes relating to family matters, trade, property, conveyance, exchange of goods, transportation etc. Seniors, including the Council of Villages, often known as Panchayats, were in charge of resolving issues in these establishments. Such establishments or persons were following a informal pattern of intervention, intercession, negotiation, and mediation. These methods were so popular and effective that cases were used to come for trial very rarely. The solution suggested by the village council and Panchayats were obeyed and respected by all. However,
after the imposition of rules and law by the Britishers, the very framework lost its impression in India.
Meaning
According to Black’s Law Dictionary the word Alternative means giving an option. It also refers to looking outside the adversarial courtroom setting to resolve some disputes. Similarly, the word dispute means a conflict or controversy. In the same manner the word resolution means a formal expression of an opinion. In totality an inference may be drawn that ADR is an option other than the conventional adversarial method or mechanism for resolving a justifiable controversy. Alternative Dispute Resolution (ADR) refers to a range of methods used to resolve conflicts without resorting to full court proceedings. These include facilitated settlement talks, arbitration, and minitrials, some of which closely resemble courtroom processes. ADR also covers approaches aimed at addressing community tensions or promoting development.[2]
ADR methods typically fall under negotiation, conciliation, mediation, or arbitration. They are generally divided into two categories: court-annexed and community-based. Court-annexed ADR involves structured processes like mediation, early neutral evaluation, and summary trials, which aim to reduce litigation costs, expedite case resolution, and ease court congestion while maintaining relationships between parties.
Community-based ADR operates independently of the formal legal system, often in areas where courts may be inaccessible, costly, or biased. These models frequently draw from traditional dispute resolution practices involving respected community members such as elders or religious leaders.
[1]Anuj Kumar, “Learn Law: The Concept of Alternative Resolution”, February 8, 2017
https://legaldesire.com/learn-law-the-concept-of-alternative-dispute-resolution/ (last accessed on
18/01/2021).
[2]ibid