LLM DISSERTATION 2019

Rangoli Nagendra 18LLM010

TOPIC: “TOOLS FACILIATING ALTERNATIVE DISPUTE REOLUTION IN INDIA-

A CRITICAL ANALYSIS”

AREA: ALTERNATIVE DISPUTE RESOLUTION

UNDER THE SUPERVISION OF

Ms. PALLAVI BAJPAI

SUBMITTED BY

RANGOLI NAGENDRA

18LLM010
LLM DISSERTATION 2019
Rangoli Nagendra 18LLM010

SYNOPSIS

Introduction

ADR as the name suggests, is an alternative to traditional process of dispute resolution through
courts. It refers to a set practices and techniques to resolve dispute outside the courts. It is mostly
a non-judicial means or procedure for the settlement of dispute. In its wider sense, the term refers
to everything from facilitated settlement, negotiations in which parties are encouraged to
negotiate directly with each other prior to some other legal process, to arbitration system or mini
trails that look and feel very much like a court process.

Research Area

The system of dispensing justice in India has come under great stress for several reasons mainly
because of the huge pendency of cases in courts. In India, the number of cases field in the courts
has shown a tremendous increase in recent years resulting in pendency and delays underlying the
need for Alternative Dispute Resolution Methods.

Alternative dispute resolution (ADR) is a means of addressing and settling parties’ disputes
outside of court’s traditional adversarial setting. Today, alternative out-of-court mechanisms for
settling disputes are so effective that courts often require parties to pursue these alternatives
before litigating. Thus the research will broadly cover the several methods of ADR:

 Mediation, Conciliation, Arbitration, Lok Adalat

 Present Situation of ADR Techniques and Tools in India [The ADR Act, 1996]
 Connecting scenario of ADR along with the International Commercial Arbitration etc.

The ADR system is a wider concept that consist with many challenges plus problems too hence
the whole research area will not be restricted instead it will give a full ray of the ADR
mechanism in India with suggestions and deep study. The ADR system acts as a supporting
system to climb up the ladder to justice for all.
LLM DISSERTATION 2019
Rangoli Nagendra 18LLM010

REVIEW OF LITERATURE

The Researcher has refereed some books and articles that has modified the mode of study for the
dissertation, following books and articles are lined up:

Books:

 Alternative Dispute Resolution: The Indian Perspective by Shashank Garg: The Author
stated "It is settled law that frees legal aid to the indigent persons. Who cannot defend
themselves in a Court of law is a Constitutional mandate under Articles 39-A and 21 of
the Indian Constitution.”

 G.K. Kwatra, Arbitration & Alternative Dispute Resolution (Universal Law Publishing
Company Pvt. Ltd., Delhi, 2008). The Author explained “ADR can be defined as a
technique of dispute resolution through the intervention of a third party whose decision is
not legally binding on the parties. It can also be described as mediation though mediation
is only one of the modes of ADR. The method is neither that of litigation nor that of
arbitration”

 M.A. Sujan, Law Relating to Arbitration and Conciliation, Universal Law Publishing Co.
Pvt. Ltd, IInd ed. 2001- The author talked about the history perspective- “Britishers
firstly brought a provision in the Bengal Regulation of 1772 that said ―In all cases of
disputed accounts, etc., it shall be recommended to the parties to submit the decision of
their cause to Arbitration, the award of which shall become the decree of Court”.

 Ashwanie Kumar Bansal, Arbitration and ADR (Universal Law Publishing Company Pvt.
Ltd., Delhi, 2005). The author explained “Law, ofcourse encourages parties to settle their
differences privately or through mediation. When the parties agree to have their disputes
decided with the mediation of a third person, but with all the formality of a normal
adjudication, that may probably be called an arbitration.”
LLM DISSERTATION 2019
Rangoli Nagendra 18LLM010

Articles:

 Prof. S.C. Srivastava in his Article, ―Dispute Resolution Process in India”, Indian Law
Institute. Pg 26, March, 2002 Japan1

Explained- ‘’India has a long history of dispensation of justice and that of judicial reforms. In the
ancient period, when religion and customary law occupied the field, reform process had been ad
hoc and not institutionalized through duly constituted law reform agencies.”

 Anil Xavier, “Mediation is here to Stay”, The Indian Arbitrator 2 (March 2010)

 K.D. Raju, “Alternative Dispute Resolution System: A Prudent Mechanism of Speedy

Redress in India2 This article explained- “A method of dispute resolution would be
considered as a real alternative only if it can dispense with the adjudicatory process, even
if it is not wholly a consensual process. It may be worked by a neutral third person who
may bridge the gap between the parties by bringing them together through a process of
conciliation, medication or negotiations.

 J.C. Seth, “Corruption & Miscarriage of Justice in Arbitration”, XLIX ICA Arbitration
Quarterly 17s

STATEMENT OF PROBLEM

The ADR system acts as an supporting system to climb up the ladder to justice for all, yet there
are many chaos under the system hence the present study is whether arbitration law in India is
satisfactory in its working after getting influenced from the various protocols conventions,
treaties, regulations, rules and Acts etc, in the form present enactment, the Arbitration and
Conciliation Act, 1996.

1
http://www.ide.go.jp/English/Publish/Download/Als/pdf/16.pdf visited on February 14, 2012

2
http://papers.ssrn.com
LLM DISSERTATION 2019
Rangoli Nagendra 18LLM010

HYOTHESIS

Effective judicial and legislative implementation of ADR tools can facilitate the insurmountable
arrears of cases piling in courts.

OBJECTIVE

The main objective aims to critically study the challenges coming on the way in establishing
faster, mediocre and easily accessible ADR system in India with its effective tools. The aim is to
conduct a critical study of these problems in the light of various cases and also in reference to
various other authorities on the subject.

RESEARCH DESIGN/METHODOLOGY

This dissertation will be solely focusing about the whole study of ADR and will be completely a
doctrinal research that will be followed up with analysis of different current journals, critically
reading of books on the ADR and articles that will result in a better mode for research of this
dissertation.

TENTATIVE CHAPTERISATION

The entire thesis will run into V chapters.

Chapter I: It will include the introductory part of the topic and will be stretching towards the
historical background of the topic that brings out the need to study.

Chapter II: It will be dealing with the tools of ADR in detail with respect to its features, types,
legislative enactments along with the brief comparison of all the ADR Tools.

Chapter III: The third chapter will include the legislative and Judicial Pronouncements with its
analysis and reviews with all its aspects.

Chapter IV: It will be dealing with the Comparative study of the ADR System in India with
International impacts and aspects at large.

Chapter V: It will cover the analysis with the detailed discussion along with the conclusion on
the basis of study made and suggestions.
LLM DISSERTATION 2019
Rangoli Nagendra 18LLM010

CONTENTS

CHAPTER 1:-
1.1 INTRODUCTION
1.2 IMPORTANCE OF STUDY
1.3 AIM AND OBJECTIVE OF STUDY
1.4 REVIEW OF LITERATURE
1.5 RESEARCH PROBLEM
1.6 HYPOTHSIS
1.7 RESEARCH METHADOLOGY
1.8 SCOPE AND LIMITATION OF STUDY
1.9 CHAPTERIZATION

CHAPTER 2:
2.1 INTRODUCTION TO ALTERNATIVE DISPUTE RESOLUTION
2.2 DEFINITION OF ALTERNATIVE DISPUTE RESOLUTION
2.3 IMPORTANCE OF ALTERNATIVE DISPUTE RESOLUTION
2.4 DESCRIPTION OF ADR
 ADR AS A LEGAL INSTITUTION
 ADR AS A PROCESS
 ADR AIMS AT RESOLVING CONFLICTS
2.5 HISTORICAL BACKGROUND OF ALTERNATIVE DISPUTE RESOLVING

CHAPTER 3:-
3.1 TYPES OF ALTERNATIVE DISPUTE RESOLUTION
3.2 ARBITRATION
3.3MEDIATION
3.4 CONCILIATION
3.5 NEGOTIATION
LLM DISSERTATION 2019
Rangoli Nagendra 18LLM010

CHAPTER 4:-
CHAPTER 5:-

CHAPTER 6:-
SUGGESTIONS AND RECOMMENDATIONS
CONCLUSION
BIBLOGRAPHY