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Rahul Kumar

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Is Litigation an effective way of dispute resolution?

Posted On: 18 Sep, 2016 में

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A question was put before me,”Is Litigation an effective way of dispute resolution?”
What i observed-
Litigation is not an effective way of dispute resolution.
“Prevention is better than Cure.”
In law Cure stands for legal remedy.
Our endeavours should be to prevent the dispute,not to cure the dispute.
Is there any effective mechanism to prevent the dispute from being created?Obviously Not.Most of land disputes are the result of Govt failure in fair registration of Sale Deed,fair execution of mutation,fairly surveying land of farmers and accordingly allotting their lands etc.A large portion of criminal cases are originated from land disputes.So land disputes not only give rise to civil disputes,but also to criminal disputes.
By adopting effective method of prevention,many disputes can be stopped to borne.But the existence of disputes,whether this existence be in small numbers,can’t be fully stopped to borne.
Whenever we refer to litigation, it’s meaning is only to file litigation before the Police or Competent Court of Civil and Criminal Jurisdictions for an inquiry, verdict,decision or judgement.Arbitration, Conciliation,Compromise etc don’t form the part of our meaning of litigation.There are many cases where there are great opportunity of arbitration, conciliation or compromise etc,which are also justified according to law but cases are left only for inquiry,verdict,decision or judgement.
For the example,a woman victim of domestic violence may use the provisions of the Protection of Women from the Domestic Violence Act,2005 for bounding her husband and other relatives to not harass her,to get monetary relief,maintainance, shelter etc,but section 498A IPC is more preferred by such women than the Domestic Violence Act and criminal case is lodged instead of a case for alternative dispute resolution.
A large portion of civil and criminal matters are of very trivial in nature and such cases can be resolved even by the Gram Kachahari provided that the Gram Kachahari works effectively.Such cases can be resolved through Arbitration, Conciliation or Compromise etc. The function of Gram Kachahari in legal sense also comes under the purview of Arbitration, Conciliation or Compromise etc.Lok Adalats are held for compromise of compoundable cases,Arbitration and Conciliation Act is in existence for arbitration and conciliation of financial matters etc and Arbitration and Conciliation centres in each district court works for arbitration and conciliation of family disputes.The effectiveness of these institutions are too weak and participation of public in these institutions are very unsatisfactory.
In short,prevention is the greatest method of dispute resolution.Methods of
Alternative Dispute Resolution is the second most effective way of dispute resolution and litigation is most inferior.



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