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Globalisation - Alternative Dispute Resolution System- a New Beginning Article Abstract

Author : Dr.M. Sammaiah
Abstract by : drbvm
Visits : 3  words: 300   Published: April 20, 2008
Since the beginning of 20th century the Jurisprudents, Politicians and Social Scientists searched for Alternative Dispute Resolution Systems in addition to the present day Civil and Criminal administration of Justice due to delay in settlement of cases not only in India but also throughout the world. However, it is a bigger problem in India due to over population, illiteracy and poverty. In the developed countries also viz. America, Canada, Australia, European countries, the people are not happy with the traditional Judicial Dispute Resolution Agencies due to globalization.  Thus, innovation and enthusiastic steps have been taken to invent new models of Alternative Dispute Regulation System for effective and speedy Justice to the people. As a result the Alternative Dispute Resolution System were introduced by enacting certain Legislations from time to time to provide more efficient, flexible, creative, satisfying and less costly ways to resolve conflicts which arise from time to time.

The Constitution of India mandates all citizens of the country to be treated as equal before law and protect the laws equally irrespective of their caste, creed, colour, sex, place of birth, religion, position, power or financial status. The national goal is to achieve justice - social, economic and political through the process of Rule of Law, equal access to law for the rich and the poor alike is essential to the maintenance of Rule of Law by separating the Judiciary from the, Executive and Legislature under Article 50 of the Indian Constitution. Accordingly, hierarchy of courts was established from Supreme Court to Munisiff Magistrate Court for adjudication of various disputes in India.


 The Judicial Dispute Settlement system has provided legal remedies to the aggrieved persons whose right or interest has been affected by any individuals, corporation or state right from  "Cradle to grave" i.e. from "birth to death" .




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