THE ROLE OF CIVIL LAW IN SHAPING ALTERNATIVE DISPUTE RESOLUTION MECHANISMS: A DOCTRINAL AND PRACTICAL ANALYSIS

Povzetek

This paper looks closely at the relationship between civil law and various Alternative Dispute Resolution (ADR) methods used in India. As tons of cases accumulate and cases are handled slowly, ADR plays an important part in addition to the usual civil court process. The paper examines the history and inclusion of ADR in Indian civil law by analyzing the “Code of Civil Procedure (CPC)”, the “Arbitration and Conciliation Act (A&C), 1996” and the “Legal Services Authorities Act (LSA), 1987”. The study looks at how “mediation”, “conciliation”, “arbitration” and “Lok Adalats” can be used in the civil process in India. Even though progress is evident, research outlines that inconsistencies in procedures, challenges from stakeholders and not enough infrastructure are major problems.