Group Discussion Board

History of ADR

History of ADR

by Eurid All Muttakim -
Number of replies: 0

Dispute resolution outside of courts is not new; societies world-over have long used non-judicial, indigenous methods to resolve conflicts. What is new is the extensive promotion and proliferation of Alternative Dispute Resolution (ADR) models, wider use of court-connected ADR, and the increasing use of ADR as a tool to realize goals broader than the settlement of specific disputes.

Alternate Dispute Resolution system is not a new experience for the people of this country also. It has been prevalent in India since time immemorial. Legal history indicates that down the ages man has been experimenting with procedure for making it easy, cheap, unfailing and convenient to obtain justice.[1] Procedure for justice is indicative of the social consciousness of the people. Anywhere law is a measuring rod of the progress of the community.

Ancient system of dispute resolution made a considerable contribution, in reaching resolution of disputes relating to family, social groups and also minor disputes relating to trade and property. Village level institutions played the leading role, where disputes were resolved by elders, comprising Council of Village[2], which was an informal way of mediation. In earlier days disputes hardly reached courts. Decisions given by the elderly council were respected by all. But subsequently boon accompanied bane, the very system lost its impression due to intervention of political and communal elements.