Title:

NEED FOR THE ALTERNATIVE METHODS FOR DISPUTE

RESOLUTION IN INDIA: A STUDY

Abstract

There are not many methods available for resolving a dispute between two parties. The first and
most common method is resolving the dispute through courts when a dispute emerges between
two people belonging to the same country, their mode of resolving the dispute is the same
meaning thereby the parties get resolve their dispute through the courts established by the law of
that country. This has been the most widely recognized and significant method pursued by the
citizen of India for their dispute with fellow citizens.

As time was passed it was understood that our traditional court system has turned out to be
obsolete and there was need of another component additionally which bolster our Judicial
System as a substitute or Alternate in settlement of dispute of peoples. As of December 8, 2017,
over 2.6 crore cases are pending in High Courts across the country. In fact, at the present pace of
working, the Delhi High Court alone would take 466 years to clear its backlogs. As of December
2016, there exist seventy-five lakh cases pending, out of which more than forty lakh have been
pending for more than two years. Lack of experienced judges, inadequate facilities, lack of
expertise in a wide variety of subject matter of disputes, low ratio of judges to population and
procedural hurdles coupled with the delaying tactics of legal practitioners for financial gains
have paralysed judiciary.