Mediation in Indian Legal System Essay Example for Free

Mediation in Indian Legal System EssayThere are as legion(predicate) 3. 2 crore cases pending in our courts . The number of pending cases may be due to many loop holes in our legal system , these loop holes are known to us but about of them cannot be dealt with because of stringent laws , moreover to face them and to reduce the number a new thing came into beingness known as ADR ( Alternate Dispute Resolution ) system which as the name suggests is an substitute(a) system to the roughhewnly followed litigation system which is time consuming and sometimes doesnt cater a common judgment which may be in favor of some(prenominal) the parties. Therefore an act came up in year 1996 known as ADR act 1996 which empowered with a parallel legal alternative which was followed In the U. S. A. Implementation of ADR in India The implementation of Alternative Dispute Resolution mechanisms as a means to action speedy disposal of justice is a crucial issue. The sea-change from using litig ation as a turncock to resolve disputes to using Alternative Dispute Resolution mechanisms such as conciliation and mediation to provide speedy justice is a change that cannot be easily achieved.The first step had been taken in India way back in 1940 when the first Arbitration number was passed. However, due to a dispense of loop-holes and problems in the legislation, the provisions could not fully enforced. However, many years later in 1996, The Arbitration and Conciliation Act was passed which was based on the UNCITRAL model, as already discussed in the previous section of the paper. The amendments to this Act were also do taking into account the various opinions of the leading corporates and businessmen who utilise this Act the intimately.Sufficient provisions harbour been created and amended in the area of Lok Adalats in order to help the rural and commoner segments to make most use of this unique Alternative Dispute Resolution mechanism in India. Therefore, today the pro visions in India sufficiently provide for Alternative Dispute Resolution. However, its implementation has been restricted to just large corporates or thumping business firms. Lok Adalats, though a very old concept in Indian Society, has not been implemented to its utmost level. People still opt for litigation in many spheres due to a lot of drawbacks.Provisions made by the legislators need to be utilised. This utilisation can take place only when when a definite procedure to incerase the implementation of ADR is followed. In order to have such an implementation programme, it is inevitable to analyse what the problems are and rectify them. Mahatma Gandhi had put in correct words as I had learnt the true picture of law. I had learnt to find out the better side of human nature and to enter mens heart. I realised that the true function of a lawyer was to unite parties riven as under.The lesson was so indelibly burnt into me that a large part of my time during the twenty years of m y practice as a lawyer was occupied in bringing about private compromised of hundred of cases. I lost nothing thereby-not correct money-certainly not my soul. The Idea behind finding an alternate was to provide if not greater but touch on form of justice. Certain things were kept in mind like a)it should provide equality and be true(p) b) it should same as judgments based on ethics c) it should be within the law framework of the realm d) and it should be able to come up with remedies which a litigative system doesnt provides.Further one cannot get over the fact that many pitfalls in the Indian Legal System such as delay in justice,expense on drafting , rigitidy of rules and limited participation of parties are few flaws. Every litigant expects to be hared by the judge but due to the rigidity norms its delayed however the rigidity is necessary to maintain the honor of the judicial process. Natural justice as a proposition of principle demands judges to hear both the parties i n presence of eachother, if it is not than its anathema.Mediation on the other hand is a process in which a person cannot be judgemental but a fecilitator who is just and views underlying issues who helps in communication among two parties and reach a common solution. He however can furnish a theme on his mediation and then forward it to the judiciary. This process involves meeting the parties separately and also together . The matter is discussed and hence a common solution is found out which of the benefit to both the parties. The mediator understands the artificial lake of conflict between the parties and within the parameters of laws suggests them a solution thus creation new ideas.These are conscious to the parties and its further for them to accept it. Besides that in mediation process one understands the situation of the other and accordingly reach the conclusion. In the Indian legal system the adversarial nature of our lawyers which involve confliction views are necessa ry supportive to effort of the court to investigate facts. But here an individual client feels marginalized in the presentation of his viewpoints by his lawyer before the court as litigants who contest in person give vent to their emotion,opinions,perceptions and interests. therefrom mediation calls for in person involvement of a person so that his views are expressed and his emotions. interests, concerns, come across empathy and process is practical. Always judicial remedies are not geared to accommodate. Mediation provides a real alternative as mediation outcomes are less likely to be evaded and parties look beyond the formal barrier of a legal dispute. Some cases are not be dealt in conventional court position such as business and personal relationship where confidentiality is an important aspect. Therefore they require mediation .