Author Name:   Madhavi Shukirbaba Sarvade

Role of Legal Practitioner in ADR:Mediation

ADR MECHANISM AND ROLE OF LEGAL PRACTITIONERS

Abstract

Peace is the most important factor for the development of mankind. Where there is a man there is a conflict. It is the reality of life .However what is more important is that how we resolve the dispute. The success of nation depends upon the effective judiciary. But unfortunately today our judiciary is stressed with pending cases. 

Article 39 A of Indian constitution speaks that justice shall not be denied to any person on the basis of any inability whether physical or monetary. It is the Directive Principle of State Policy. Article 21 Right to life and personal liberty includes Right to speedy trial. Even though it is fundamental right its enforcement has become challenge before the judiciary.

Litigants feel lost when they have to face rigid, costly and time consuming procedure of law. Considering the plight of poor litigants’ legislature has introduced a best mechanism to resolve dispute. This mechanism is ‘Alternative Dispute Resolution ‘system. Civil  Procedure Code was amended in the year 1999 and it introduced section 89.Section 89 has made obligatory on the part of court to refer the dispute to one of the mode of ADR i.e Arbitration, mediation, conciliation, court settlement – Lok Adalats.

Significance of topic selected

 

It has been seen from personal observation that many advocates are against the process of mediation. Their view is, introduction of ADR is violation of their ‘Right to livelihood’. This system will make them brief less lawyers. This way of thinking is actually is nothing but the myth. Reality is totally different. Client need advocate at each and every stage of mediation. The object behind selection of this topic widening the horizon of advocates who supports only the conventional method of courts procedure to resolve dispute and make them positive regarding ADR – with special regard to ‘mediation process’.

ISBN No: 978-81-928510-1-3
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