THIRUKKURAL FROM THIRUKKURAL ENGLISH COUPLET- Kural Couplet 598
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Matthew 18:15-20
15 “If your brother or sister sins, go and point out their fault, just between the two of you. If they listen to you, you have won them over. 16 But if they will not listen, take one or two others along, so that ‘every matter may be established by the testimony of two or three witnesses. 17 If they still refuse to listen, tell it to the church; and if they refuse to listen even to the church, treat them as you would a pagan or a tax collector.
Matthew 5:23-26
23 “Therefore, if you are offering your gift at the altar and there remember that your brother or sister has something against you, 24 leave your gift there in front of the altar. First go and be reconciled to them; then come and offer your gift. 25 “Settle matters quickly with your adversary who is taking you to court. Do it while you are still together on the way, or your adversary may hand you over to the judge, and the judge may hand you over to the officer, and you may be thrown into prison. 26 Truly I tell you, you will not get out until you have paid the last penny.
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What is ADRS ?
Alternative Dispute Resolution System is abbreviated ADRS.
Alternative Dispute Resolution (ADR) is a procedure for settling disputes by means of Negotiation Arbitration, Mediation, Conciliation, away from litigation.
ADR involves appointment of a third party to preside over a hearing between two parties and help theses parties to settle their dispute out of the court, privately and without the interference of the Court.
Howbeit, remember that the disputes in this system can be settled with or without the help of the third party.
Benefits:
The ADR system is a speedy and cheap way of settling the disputes between the parties, compared to that of litigation process. The latter is a time consuming procedure and expensive one.
Disadvantage:
The disadvantage of the ADR system is that it may involve compromise of the legal rights.
Conciliation as an ADR mechanism
Conciliation is a type of ADR where the settlement is made out of court. There is no involvement of the court in the whole proceedings. The dispute is settled by a neutral third party, called conciliator. The conciliation process is voluntary as it is on the mutual discretion of the parties to choose conciliation as a method of resolving their dispute with the assistance of the conciliator, also the proposal is not binding upon the parties. They are free to follow or not follow the proposal given by the conciliator. It presides over litigation because the parties do not have to go through the technical procedures and formalities of litigation, instead, conciliation allows parties for a friendly search to reach an amicable solution.
The adoption of conciliation process in India
The adoption of conciliation process was first recommended by the Law Commission of India in 77th and 131st report and in the conference of chief ministers and chief justices in their resolution of 1993. Whereas, the Himachal Pradesh High Court evolved pre-trial, in-trial and post-trial conciliation project in the subordinate court in Himachal Pradesh in the year 1984. The Calcutta resolution which was adopted in 1994, also stated the recommendation of conciliation courts to be constituted in the other states.
With the adoption of conciliation rules, 1980 by the UNCITRAL, the Parliament of India also find it expedient and enacted Arbitration and Conciliation Act, 1996 which gave statutory recognition to conciliation. With this, the post-litigation conciliation was recognised as ADR with the incorporation of section 89 of Code of Civil Procedure, 1908 providing an option for reference of sub judice matters to conciliation with the consent of the parties.
Mediation in the dispute resolution mechanism
Mediation has grown as the most advanced form of ADR mechanism. It is one of the methods for handling human relationships in a positive manner, mainly for the good of the people involved and for the betterment of the community.
Mediation encourages a search for the solution by the parties themselves, involved in the dispute. The basic motive of mediation is to provide opportunities to parties to negotiate and come to a final solution catering to the needs of both sides. It is an assisted negotiation and an informal process in which parties are aided by a third impartial person, called mediator, possessing specialized skills, requisite training and sufficient experience necessary to assist the disputed parties for reaching a negotiated settlement.
Court-annexed mediation
When the cases are solved with the help of court accredited mediators, that is often referred to as court-annexed mediation. The mediation services are viewed as part and parcel of the same judicial system. When the Court refers the cases to private mediators annexed to the Court it would make litigants feel that the case is not separated from the court system. ADR services under the control and guidance of judicial system would ensure smooth functioning, authenticity and acceptance from the public. It would ensure the mediation in coordination with the courts and not be viewed as competition to the courts.
Arbitration and its relation to Family Laws
Fully Researched Paper Presented at University of Madras on 29.01.2016
