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CJI for alternative dispute resolution mechanism

By J. Venkatesan

NEW DELHI SEPT. 13. The Chief Justice of India, V.N. Khare, today called for implementation of an alternative dispute resolution (ADS) mechanism for providing speedy and inexpensive justice to the people. Inaugurating the second conference on dispute resolution, the CJI said the "failure of democracy to deliver justice within a timeframe has brought a sense of frustration amongst the litigants who are compelled to live with these delays, leading to frustration, loss of faith and dissatisfaction amongst them".

In the era of fast-growing industrialisation and trade, it was necessary that commercial disputes were resolved quickly through the ADS mechanism.However, the shift from litigation to mediation, conciliation and arbitration, necessitated a change of attitude.Lok Adalats, conciliation and family courts and the concept of plea bargaining might hasten the process of securing social justice to the people, he added.

Lady Justice Mary Howarth Arden, Lord Justice of Appeal, United Kingdom, in her address, spoke on the efficacy of arbitration and how it was working effectively in the U.K. Her husband, Justice Sir Jonathan Hugh Mance, Lord Justice of Appeal, spoke on confidentiality of arbitrations.Justice M.B. Shah, Justice R.C. Lahoti and Justice Y.K. Sabharwal, Supreme Court judges, endorsed the CJI's views and wanted more cases to be settled through the ADS mechanism.The Chairman of the Law Commission, Justice M. Jagannadha Rao, Chairman of the International Centre for ADS, H.R. Bhardwaj, senior advocates, Mila K. Banerjee, K.K. Venugopal, the Secretary of Law Commission, T.K. Viswanathan, were among those who addressed the conference.

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