ADR : ITS IMPORTANT IN CURRENT SCENARIO

ADR : ITS IMPORTANT IN CURRENT SCENARIO

SUBMITTED TO:MS. ADYA PANDEY

(FACULTY: ALTERNATIVE DISPUTE RESOLUTION)

SUBMITTED BY: PRATHMENDRA HIDKO

SUBJECT: ALTERNATIVE DISPUTE RESOLUTION

ROLL No. 111

SEMESTER VI - B

HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR (C.G.)
Submitted on: 15.02.2017

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 ADR : ITS IMPORTANT IN CURRENT SCENARIO

Declaration

I hereby declare that the project work entitled ADR : ITS IMPORTANT IN CURRENT
SCENARIO" is record of an original work done by me under the guidance of Faculty Member
MS. Adya Pandey.

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CONTENTS

1. ACKNOWLEDGMENTS
2. OBJECTIVE
3. RESEARCH METHODOLOGY
4. DATA TYPE
5. INTRODUCTION
6. HISTORY OF ALTERNATIVE DISPUTE OF RESOLUTION IN INDIA
7. PENDENCY OF CASES IN THE INDIAN COURT
8. NEED FOR ALTERNATIVE DISPUTE METHODS
9. LEGISLATIONS RELATING TO ADR IN INDIA
10.DISADVANTAGE OF LITIGATION
11.DEVELOPMENT OF TECHNOLOGY AND ADVANCEMENT OF
SOCIETY AT PRESENT TIME
12.METHODS OF ALTERNATIVE DISPUTE RESOLUTION AND ITS
MERITS AND DEMERITS
13. CONCLUSION
14. BIBLIOGRAPHY

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ACKNOWLEDGMENTS

At the outset, I would like to express my heartfelt gratitude and thank my teacher, Ms. Adya
Pandey Mam for putting her trust in me and giving me a project topic such as this and for having
the faith in me to deliver. Mam, thank you for an opportunity to help me understand and learn
something new.

My gratitude also goes out to the staff and ADR of HNLU for the infrastructure in the form of
our library and IT Lab that was a source of great help for the completion of this project.

PRATHMENDRA HIDKO
SEMESTER-6, BATCH-14
ROLL NO- 111

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OBJECTIVE
The objective of this research project is-
1. To study the concept of ADR.
2. To study the importance of ADR in current scenario.

RESEARCH METHODOLOGY

This project report is based on analytical and descriptive Research Methodology.

DATA TYPE
Secondary Data has been used in this Project. Secondary and Electronic resources have been
largely used to gather information and data about the topic. Websites, dictionaries and articles
have also been referred.

INTRODUCTION
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Any dispute is just like a Cancer. If it is resolved sooner, it is better for all the parties concerned
to it. If it is not resolved at the beginning, it grows at the very fast rate and with time, it becomes
very difficult to resolve it1.As new issues emerges and conflicting situation flourish. In this way
one dispute leads to another and new complexities arises thereby leading to multiplicity of
proceedings. Therefore, it is always better to resolve it at the moment it rears its head. Therefore,
it is necessary that the procedure of resolving it must be agreeable by both the parties.

The preamble of the Constitution of India declares to ...... to secure all its citizen justice, liberty,
equality and fraternity. The justice granted to citizen is of social, economical and political.
However, the mode of delivering the justice to the citizen of India poses so many questions. It is
in this regard necessary to put the question that whether the present system of access to justice is
satisfactorily fulfilling the constitutional goal?

The present mode of access to justice in India is based on the adversarial legalism. This system is
generally followed in the common law countries. In this mode of justice the State plays a neutral
role and it is parties who are responsible for initiating and conducting litigation. However, any
crime is considered as an offence against the State in which such proceeding is initiated. This
mode of justice was adopted by the Britishers to exploit the masses in their colonies. The whole
set up was for the convenience of the administration in which the position of the power addressee
was very pathetic. If we analyze the adversarial legal system, we could find that there is no parity
of power between the parties to the dispute. It discriminates on the social, economical and
political ground and thus directly hit to the root of the Constitution. The adversarial system of
justice is plagued by the high cost of litigation, delay, technicalities of law, uncertainty and
exploitation of parties by the advocates. Therefore, it is necessary to think over the inquisitorial
form of justice. Alternative Dispute Resolution (hereinafter ADR) has emerged as a solution to
the problems posed by the adversarial system of Justice at least in the small cases.

1 Anurag k. Agarwal, Role of Alternative Dispute Resolution methods in development of society

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HISTORY OF ALTERNATIVE DISPUTE OF RESOLUTION IN

INDIA

ADR is not new to India. Mediation was a method of dispute resolution in India even centuries
before British arrived. In ancient time there was Panchayat System in India. This system was
used by the village heads to resolve community dispute. It is prevalent in Indian society till date.
Mediation was used as a tool to resolve the dispute even in the businessmen class in pre-British
period. At that time impartial and respected businessman were requested by business association
members to resolve disputes through informal procedure2.

In pre-British period in tribal areas disputes were resolved by panchas, who were wise persons of
that locality. The disputant members of a tribe used to present their dispute to the panchas who
had to work out for settlement. In case of its failure it was referred to a public forum attended by
all interested members of the tribe for resolution. After considering the dispute, available
solution, interest of the tribe in great detail, panchas used to try once more to resolve it. If
settlement was possible yet, then the panch rendered a decision that was binding upon all the
parties. However, the decision of the panchas was not arbitrary rather it was based on the tribal
laws as well as such other consideration which was necessary to maintain harmony and
prosperity. The main significance of this system was that all proceedings were oral and there was
no record of the outcome. Instead of legal authority those kinds of dispute resolution procedures
were regularly used and commonly accepted in the Indian society.

Thus, in India ADR is not a new concept rather ADR relating resolution has been amended from
time to time to cater speedy dispute resolution. Indian judiciary has also encouraged it at various
occasions. For eg : In Salem Advocate Bar Association v. Union of India the Honourable
Supreme Court of India directed the constitution of an expert committee to formulate the manner
in which the provision relating to ADR incorporated in Section 89 of Civil Procedure Code
1908 has to be brought into operation. For the effective implementation of ADR mechanism,
several organizations and institutions like ICA, ICADR, Consumer Redressal Forum and Lok

2 www.arbitrationindia.org/pdf/mediation_india.pdf.

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Adalat were revived. The Old Arbitration Act, 1940 was repealed and new Arbitration and
Conciliation Act, 1996 was enacted. The new Act of 1996 is based on International Trade Law
(UNCITRAL) model law on International Commercial Arbitration.

PENDENCY OF CASES IN THE INDIAN COURT

Delay in justice not only affects the interest of the litigants but also undermines the capability of
the judicial system in imparting justice in efficient and effective manner. In Babu Singh v. State
of Uttar Pradesh3, Krishna Iyer J. while dealing with the bail petition remarked, Our justice
system even in grave cases, suffers from slow motion syndrome which is lethal to fair trial
whatever the ultimate decision. Speedy justice is a component of social justice since the
community, as a whole, is concerned in the criminal being condignly and finally punished within
a reasonable time and the innocent being absolved from the inordinate ordeal of criminal
proceedings. Similarly, in Sheela Barse v. UOI4 the Honorable Court reaffirmed that speedy trial
to be fundamental right. Thus Right to speedy trial is well recognized fundamental right at
present.
There are many forum of appeals provided in the existing legal system. For eg :- appeal from
small causes court lies to the District Court on both facts and law and again right of second
appeal lies in the High Court which is known as Letters of Patent Appeal. This various forms of
appeal results cater delay in the justice delivery system5.
Till July 2009, there were 53,000 cases pending in the Supreme Court, 40 lakhs in the different
High Courts of India and 2.7 Crore in the different lower Court. Even if we assume that no fresh
cases would be filed and there will be no increase in the strength of the judge then it would take
9 months to the Supreme Court to clear the backlog. Similarly, it would take 2 years and 7
months for the High Courts and 1 year and 9 months for the Lower Court to clear the pending
cases. However, the figure would vary if we look the individual High Courts and Lower Courts.

3 AIR1978SC527

4 (1986) 3 SCC 235

5 Avtar singh, Law of Arbitration and Conciliation, sixth edition, Eastern book Company, 2002.

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For eg. Allahabad High Court needs nearly 6 years to clear the backlog. ADR has emerged as a
new trend preventing court litigation and resolving disputes quickly and amicably.

NEED FOR ALTERNATIVE DISPUTE METHODS

The main reason for the origin or need of the ADR is the tiresome processes of litigation, costs
and inadequacy of the court system. It has ability to provide quick and cheap relief. The present
mode of adversarial system fails in providing the real justice between the parties. The party, who
approaches the Court of justice with pain and anguish in their heart, faces various problems and
suffers physically, economically and mentally. The present system fails to deliver quick and
inexpensive relief to the party. The procedure is also very complex. This leads to a search for an
alternative mechanism which should be inexpensive, quick and with supplementary to the
process of the traditional civil court. However, at the same time the elements of judiciousness,
fairness, equality and compassion cannot be discarded for expeditious disposal. It is well said
that justice delayed is justice denied and at same time, it is also said that justice hurried is
justice buried. In Fuerst Day Lawson Ltd v Jindal Exports Ltd 6 the Honourable Supreme Court
held observed that the object of Alternative Dispute Resolution Act 1996 is to provide speedy
and alternative solution to the dispute and avoid protraction of litigation. The provisions of the
Act have to be interpreted accordingly.
Alternative Dispute Resolution promotes amicable settlement and help in the preservation of the
relations. Since there is direct involvement of parties in the settlement process there is no need of
the involvement of technical and formal procedures. However, amicable settlement does not
mean compromise at any cost rather it is reasonable compromise factor.

LEGISLATIONS RELATING TO ADR IN INDIA

Legislators in India have incorporated various provisions in different statutes pertaining to ADR.
The lists of such legislations are as follows:-
6 (2001) 6 SCC 356: AIR 2001 SC 2293

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i) Section 89 of Civil Procedure Code.

ii) Order 23 Rule 3 of the Civil Procedure Code.

iii) Order 32-A of the Civil Procedure Code.

iv) Section 80 of the Civil Procedure Code.

v) Arbitration and Conciliation Act 1996.

vi) Legal Services Authorities Act 1987.

vii) Industrial Dispute Act

viii) Section 320 of Criminal Procedure Code

ix) Section 9 of Family Court Act

x) Inter State water Dispute Act

DISADVANTAGE OF LITIGATION
Article 21 encompasses all conceivable human rights within its ambit. It is a directive to the
State to refrain from infringing the right of life or personal liberty of a person. In Hussainara
Khatoon v. Home Secretary, State of Bihar, the Honorable Supreme Court held right to speedy
trial as a part of right to life or personal liberty. In Abdul Rehman Antulay v. R. S Nayak, the court
asserted that the Right to speedy trial flows from Art. 21 and encompasses the stages right
from the date of registration fo the FIR and onwards, remains unaltered. Following are the
disadvantages of litigation:-

i) Cost The present adversarial system of litigation is too expensive and at times the cost
exceeds the value of the claim. It is expensive, financially and emotionally both. The cost of
litigation includes the payment of court fees, fees paid for summons and other processes,
advocates fees etc. Though the government pays to the judges and provide building and other
infrastructure necessary to try cases. Yet the fact is that the litigant has to bear the high cost in the
litigation and the most important expense is to bear the lawyers fees.

ii) Delay The delay is the most disadvantageous part of the litigation. If we look at general
proceeding in civil cases it takes at least 15-20 years to be decided. In some of the cases it is the

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next generations which litigate the dispute. In grave criminal cases also it takes at least decade.
The delay result into the physical, mental and financial harassment.

iii) No Parity of Power There is no parity of power between the wealthier litigant and
under resource litigant. Parity of power refers to the balance between the parties. If one party is
rich and other is poor than there is all chances of the exploitation of the later. The reason is that
the rich person can afford the best lawyer of the country whereas the poor person will not be in a
position to afford such lawyer. Secondly, the delay overburdens the expenses of the litigation.
Therefore, the time will come when the poor person would abandon his claim or go for out of
court settlement.

iv) Uncertainty There is no certainty about the result of the litigation and how long it
will last which induces the fear of incomprehensible to litigants.

v) There is no chance of reconciliation in family disputes. Parties never forget the bad things said
by their spouses at the trial.

vi) Lack of expertise There is lack of expertise of judges in the present legal system in
commercial and technology disputes matter. This has resulted in wrong decisions and
consequential appeals to higher forums. For example In matter relating to building the person
chosen to decide the matter should be normally an expert in the subject matter of dispute,
whereas the judges in the court will seldom have any practical experience of the technicalities of
the trade in question. Therefore, they cant appreciate the matter satisfactorily. Even if experts
are called to assist them, their opinion is not binding upon the judges. In Mitsubishi Motors
Corporation v. Soler Chrysler Plymouth Inc. The Supreme Court of Australia highlighted one
advantage of arbitration as the adaptability and access to expertise as hallmarks of arbitration. It
made a point that the arbitrator is an expert in the subject-matter appointed by the party to the
dispute or the tribunal itself.

vii) Win lose Scenario In present legal system Court act as Courts of law and not as
court of equity. It leads to win- lose scenario, there is no mutual acceptable decision.

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viii) No privacy - another disadvantage of litigation is that pleading and document filed in
the court becomes public document and any person can have access of it.

DEVELOPMENT OF TECHNOLOGY AND ADVANCEMENT OF

SOCIETY AT PRESENT TIME
Present era is the age of technology, since last century technological advent has been an ongoing
process. This has made a great impact on the commercial life by increasing the competition
throughout the world. At the same time it produces concern for the protection of the consumers
right. Various new issues emerging in the society and the present legal system is not sufficient to
give any response to the new atmosphere and problem of the commercial world. In such a
situation, ADR has emerged as a powerful weapon for resolution of disputes at domestic as well
as international level. And now it is developing as an independent and separate legal branch. Till
2009, Indian Information Technology (IT) industry accounted for a total of 5.19% of the
countrys GDP while providing employment to its various tertiary sectors. The annual revenues
from IT-BPO sectors have increased over US $ 76 billion in 2010-11. India is producing around
5,00,0000 engineers each year. India is leading country in providing outsourcing for customer
support via Internet or Telephone connections. By 2009 India has total of 37,160,000 telephone
lines in use and total of 5.06,04,0000 mobile phone connections. Around 7,570,000 people in the
country have a access to broadband internet which makes it 12th largest countries in the world in
terms of Broadband users. With the drastic growth in this communication sectors, the crime has
also emerged as a challenge to the government. Cyber Crime is more burning issues at this time.
Hacking of internet, online banking services etc. poses a great threat.
In this backdrop it must be mentioned that the Police, lawyers, judges etc. are not sufficiently
equipped to handle such technical cases and therefore require proper training about these
technology. Their lack of technological knowledge put them in great trouble and which paves the
way of delay in resolving a dispute. Cyber crime, is one such example where most of the police,
judges of lower courts do not have even primary knowledge of computer, in such situation how
one can expect the resolution of dispute with them.

Globalization has thrown open the world market to every nation of the world. It has turned the
world as small play ground for gigantic companies. Even countries like India has opened its

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market and marched on the path of economic liberalization, industrial deregulation, privatization
of state owned enterprises and reduced controls on foreign trade and investment. Since trades are
no longer restricted within the boundaries of a nation, the nomenclature of the contracts entered
into has also changed. International Contract is often difficult for the parties to agree on the
choice of the national Court. It is also true that choice of a state Court in a third country is
seldom appropriate. Further, judicial proceedings are time consuming and set impediments in
business transactions. Under such situation ADR emerges as the most suitable option to the
parties to such disputes7. Moreover, ADR gives more autonomy to the parties in matters relating
to selection of the neutral third party who shall preside the proceedings, the rule they are to be
bound by and the time limits within which the dispute is to be settled. These discretion vested in
the parties ensure expedient disposal of the matter.

METHODS OF ALTERNATIVE DISPUTE RESOLUTION AND

ITS MERITS AND DEMERITS

The administration of justice is one of the essential functions of the State. The disadvantage of
adjudication has already been discussed in Chapter II of this paper. Considering those
disadvantages it can be said that the time demands, some alternative methods for resolving the
disputes, much quickly and efficiently. Therefore, the method like arbitration, mediation,
conciliation, specialized tribunal, consumer forum etc. was evolved. Lok Adalat is the fine blend
of all. Following are the methods of Alternative Dispute Resolution:-
i) Lokadalat In 1987, the Legal Services Authorities Act was enacted by the Parliament which
came into force on 9th November, 1995 with an object to establish a nationwide uniform
network for providing free and competent legal services to the weaker sections of the society on
the basis of equal opportunity.

Lok adalat means Peoples Court. There are mainly two object of Lok
Adalat :-

7 G K Kwatra, Arbitration and alternative dispute resolution

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a) It is to provide quick, accessible, non-technical, sympathetic and homely forum for resolution
the disputes, and

b) To resolve the disputes in a conciliatory spirit.

This method facilitates the parties to come to some form of agreement irrespective of whether
they answer the requirement of law or not. It is a form of administrative method of dispute
resolution.
ii) Arbitration and Conciliation The Arbitration and Conciliation Act -1996 provides an
alternative mode of dispute of resolution through arbitrator and conciliator.

iii) Mini Lok Adalats With the object of providing justice to rural and tribal people mini lok
adalat was constituted at sub-district level and in villages . It cater justice to them at their door-
step. Local advocates and officials and social workers take part in the mini lok adalat.
iv) Village Courts These are units of self-government. They are like village panchayat. Village
panchayat is under the subject of state list. There are five members in the village court . In some
state these members are elected whereas in some they are nominate. There is no need of legal
qualification to become the member.
v) Mediation Centers Mediation centre originated in year 1983, in Tamil Nadu, in rural areas
under the Tamil Nadu Legal Aid and advice boards. The main object of the mediation centre is to
promote settlement of disputes which came before it. There is participation of local social worker
and mediator lawyers.
vi) Family Courts Act of 1984- It was enacted to establish family courts with the object to
promote conciliation and speedy settlement in marriage and family cases. It deals with conjugal
right restitution, decree of nullity, judicial separation and dissolution marriages. ADVANTAGES
OF ADR:-
A judge is considered to be trained in the law in order to decide legal issues and parties are not
required to pay him. Then the question arises what is the need of appointing an arbitrator? The
answer to this question is that a judge may be expert of law but he cannot be expert of all laws
particularly the new emerging technological fields. Such as Cyber law, IT law, Building
Construction work, Investment law etc. In fact, it is not possible for any human being to be the
master of all laws. In the 176th report of the Law Commission, Justice B.P. Jeevan Reddy has
suggested that the principle of least court interference may be fine principle for international

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arbitration awards but having regard to Indian conditions and the fact that several awards are
passed in India as between Indian nationals sometimes by lay men who are not well acquainted
with law, the interference with such awards should not be as restricted as they are in the matter of
international arbitrations. Justice Malimath Committee Report
It was recommended by the committee that after the framing of the issue it should be made
obligatory for the court to refer the dispute for settlement either by way of arbitration,
conciliation, mediation, or through lokadalat. Following are the some advantages of ADR:-
i) Privacy and Choice in the Tribunal One of the major significance of arbitration is privacy
and confidentiality of the proceedings. Some people prefer to settle their dispute out of the public
gaze. Particularly in matrimonial disputes it is very effective. Because people dont want that
their private disputes to come in the public. Arbitration also saves matrimonial home and
relations because the dispute is resolved peacefully with the consensus of the parties. If matters
come to the ordinary civil court in most of the cases the relation become strained and family
shatters. Further, some disputes involve highly technical issues therefore it would be useful if at
least one member of the tribunal is expert in that field. Since in arbitration it is the party who
select the member of the tribunal, they select at least one member expertise in that field.
However, in the ordinary court judge may not be expert in that field and therefore we cant
expect proper justice in that case.

ii) Flexibility Arbitration is very much flexible both in time and procedure. If dispute needs
urgent resolution, the parties can choose a tribunal who will act promptly rather depending on the
luck of the draw from a court list. The parties are also free to choose the most suitable procedure.
The parties are also free to be represented by anyone of their choice and they are not bound by
rules limiting appearance to persons with particular legal qualifications.
iii) Neutrality and Equality Where the parties belongs to the different countries they dont
wishes to litigate in the ordinary court of law rather they prefer arbitration. Because arbitration
offers them neutrality in the choice of law, procedure and tribunal. They can choose the law and
procedure of the third or they can appoint an arbitrator which belong to the third country. It gives
them confident of equality and there is parity of power between them.
iv) Principal of Natural Justice Arbitrator is not bound by the strict procedure of the Civil
Procedure Code and law of evidence. However, he has to follow the principle of natural justice.

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It is one of the advantage of the alternative dispute resolution that it avoids technicality and
complexity of law and focus on the problem of the disputant parties and try to resolve it with
simple method or procedure.

v) Enforceability of award Another advantage of the arbitration is the extensive enforceability

of the award. Today, there are various conventions which recognize arbitral awards and enforce it
in many countries than English court judgment.
vi) Control over both the process and the outcome An important benefit of using ADR
methods is that the disputant has control over both the process and the outcome of the resolution.
vii) Amicable Settlement - Alternative disputes method promote amicable settlement of dispute.
It enables the parties to resolve the dispute and bury the past. This results in the preservation of
the present relation and at the same time it paves better for future.

viii) Payment of Court fee In Alternative Dispute Resolution there is no need of payment of
Court fees as it is paid in the ordinary court before the hearing of civil cases. If court fee is not
paid, the court does not entertain the suit. Sometimes, the parties are not in a position to pay the
court fee. ADR is the best resort for those kinds of people.

ix) When a disputant goes to the court, he knows that he would win or lose all. On the Contrary,
if he gives his consent for the informal settlement, he knows very well that he might not get all
that he wants, but he will also not lose everything.

x) Procedural flexibity ADR provides procedural flexibity which is not found in the
traditional court. It may be as casual as a discussion around the conference table. The disputant
has freedom to choose the procedure and applicable law.

xi) Win- Win Situation The Court procedure results in win-lose situation. In other words, in
the ordinary court litigation a party shall either win the case or lose his claim. On the contrary, in
ADR a person may not get all that he wants, but he will certainly not lose everything.

xii) The most significant feature of ADR is that it does not only resolve the dispute but also the
pathology of the dispute. Which hit at the root of the dispute and it bring normalcy in the
relationship of the disputant.

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xiii) ADR provides participatory solution. Being participatory solution in nature its
implementation becomes easier.

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CONCLUSION
Belief in alternative dispute resolution takes on the character of a moral value. For believers it
represents a best practice not only in producing technically superior outcomes but of being
the right thing to do. To conclude, it is suggested that ADR system should be institutionalized.
But at the same time a caveat is also suggested, that one must be careful to avoid the
dysfunctions that frequently accompany successful institutionalizations. Because the ADR
movement is still in the formative stage, there is much to learn about the feasibility of
alternatives to litigation. ADR is, as yet, a highly speculative endeavor. We do not know whether
ADR programs can be adequately staffed and funded over the long-term; whether private
litigants will use ADR in lieu of or merely in addition to litigation; what effect ADR may have on
our judicial caseload; whether we can avoid problems of "second class" justice for the poor; and
whether we can avoid the improper resolution of public law questions in wholly private fora. In
light of these and other uncertainties about ADR, we should continue to view alternative dispute
resolution as a conditional venture, subject to further study and adjustment. Every new ADR
system should include a formal program for self-appraisal and some type of "sunset"
arrangement to ensure that the system is evaluated after a reasonable time before becoming
permanently established.
ADR can thus play a vital role in constructing a judicial system that is both more manageable
and more responsive to the needs of our citizens. It is essential, as the aforesaid discussions
illustrate, that this role of ADR be enhanced in the resolution of important constitutional and
public law issues by ADR mechanisms that are independent of our courts. Fortunately, few ADR
programs have attempted to remove public law issues from the courts. Although this may merely
reflect the relative youth of the ADR movement, it may also manifest an awareness of the danger
of public law resolution in non-judicial fora.
The main object of Alternative Dispute Resolution is to give quick, cheaper and efficient dispute
resolution. I suggest following methods to promote ADR in India52:-
i) There is need to spread awareness of ADR through seminars, workshops and other means to
not only uneducated people but also well educated people. Because in most of the cases it has
been seen that even well educated people are much aware about its structure and functioning.

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ii) At the same time, there is need to extend or create facilities, services and infrastructure for the
effective implementation of ADR practice.

iii) There is need of effective coordination both at operational and structural level for the success
of ADR mechanism.

iv) There is need of promoting pre-trial conciliation.

v) There is need of establishing institutions to provide proper training to mediators, negotiators,

and conciliators.

vi) There is need to establish more organizations like ICA, ICADR , Indian Chamber of
Commerce to promote and strengthen the ADR mechanism.

vii) No compromise on Quality: Free legal aid should not mean providing poor or inferior legal
services.

viii) There is need to encourage Gram Nyayalaya, Mobile Courts etc.

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BIBLIOGRAPHY
STATUTES :-
1. Arbitration and Conciliation Act 1956

2. Code of Civil Procedure Act 1908

3. Constitution Of India
REPORT :-
1. Government of India law commission of India, Need for Justice-dispensation through ADR
etc., Report No. 222, April 2009.

2. Government of India law Commission of India, Report no. 228.

3. Justice Malimath Committee Report.

BOOKS
1. Hazra, Kumar Arnab, The law and Economics of Dispute Resolution in India, Bookwell, New
Delhi, 2003.

2. Jain, Ashok K., Constitutional Law of India ( Part II), Second edition, Ascent Publication,
Delhi, 2009.

3. Kwatra, G K, Arbitration and alternative dispute resolution: How to settle business disputes,
Lexis Nexis, New Delhi, 2004.

4. Rao, P.C & Shefield William, Alternative Dispute Resolution: What it is and how it works,
First edition, Universal Law Publishing Co. Pvt. Ltd., Delhi, 1997.

Websites:-
1. http://www.lady4justice.com/2-2-8_litigation.cfm visited on 27-04-11.

2. http://www.hg.org/articles/article_1530.html visited on 27-04-11.

3. http://cyberlawsinindia.blogspot.com/2010/03/perry4law-launched-online-dispute.html visited
on 28-04-11

4. https://www.cia.gov/library/publications/the-world-factbook/geos/in.html visited on 28-04-11.

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