With the steep growth in the number of laws and the number of cases, the Court system is under great pressure. In order to reduce the heavy demand on Court time, efforts need to be made to resolve the disputes by resorting to Alternative Dispute Resolution Methods before they enter the portals of the court.
Alternate Dispute Resolution (ADR) is a mechanism of dispute resolution that is non adversarial, i.e. working together co-operatively to reach the best resolution for everyone.
The Arbitration, Mediation, Negotiation and Conciliation are tools of Alternative Dispute Redressal System.
Advantage:
Disadvantage:
Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably.
Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all. The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987:
In carrying out all these responsibilities, NALSA works in close coordination with the various State Legal Services Authorities, District Legal Services Authorities and other agencies for a regular exchange of relevant information, monitoring and updating on the implementation and progress of the various schemes in vogue and fostering a strategic and coordinated approach to ensure smooth and streamlined functioning of the various agencies and stakeholders.
NALSA lays down policies, principles, guidelines and frames effective and economical schemes for the State Legal Services Authorities to implement the Legal Services Programmes throughout the country.
Primarily, the State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, etc., have been asked to discharge the following main functions on regular basis:
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