Inauguration of ADR Board at School of Law, Hamdard Institute of Legal Studies and Research (HILSR)
Background: What is ADR?
Alternative Dispute Resolution (ADR) refers to methods of resolving disputes without traditional court litigation.
Common forms of ADR include mediation, arbitration, conciliation, negotiation, and lok adalats.
ADR is recognized for being faster, cost-effective, confidential, and often preserves relationships.
Inauguration of ADR Board at HILSR
The School of Law, Hamdard Institute of Legal Studies and Research (HILSR) recently inaugurated an ADR Board.
This Board is aimed at promoting ADR awareness, training, and research among students and faculty.
The Board will serve as a platform to organize workshops, moot courts, mediation clinics, and awareness campaigns related to ADR.
It reflects HILSR’s commitment to practical legal education and equipping students with modern dispute resolution skills.
Importance of ADR Boards in Law Schools
Law schools play a crucial role in developing future lawyers adept in ADR techniques.
ADR Boards enable students to gain hands-on experience in resolving disputes amicably.
Helps inculcate the values of consensus-building and problem-solving.
Bridges the gap between theory and practice.
Legal Framework Supporting ADR in India
Arbitration and Conciliation Act, 1996 (based on UNCITRAL Model Law) governs arbitration and conciliation.
Section 89 of the Civil Procedure Code (CPC), 1908 mandates courts to refer parties to ADR mechanisms where appropriate.
The Legal Services Authorities Act, 1987 provides for Lok Adalats, promoting speedy settlement.
Landmark Cases Emphasizing ADR
1. Sundaram Finance Ltd. v. NEPC India Ltd., AIR 1999 SC 1149
The Supreme Court stressed the importance of arbitration as an effective alternative to litigation.
Courts should not interfere unnecessarily with arbitration agreements.
Reaffirmed party autonomy and speedy dispute resolution.
2. Bharat Aluminum Co. v. Kaiser Aluminum Technical Services Inc., (2012) 9 SCC 552
The Supreme Court held that arbitration clauses should be given primacy.
Parties cannot approach courts before exhausting arbitration remedies.
3. Salem Bar Association v. Union of India, (2005) 6 SCC 344
Upheld the constitutionality of arbitration laws.
Encouraged promotion of ADR to reduce court backlog.
4. Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24
Emphasized the role of courts in supporting the arbitration process and limiting judicial interference.
Benefits of ADR Emphasized by Courts and Legislators
Reduces burden on courts.
Quicker resolution of disputes.
Cost-effective and less adversarial.
Preserves business and personal relationships.
Confidentiality compared to open court proceedings.
Role of HILSR’s ADR Board in the Legal Ecosystem
Will create a culture of mediation and arbitration in academic and local communities.
Provide training to law students, preparing them for careers in ADR practice.
Collaborate with legal professionals, judiciary, and institutions for joint initiatives.
May offer mediation clinics, where real disputes are mediated under supervision.
Conclusion
The inauguration of the ADR Board at the School of Law, Hamdard Institute of Legal Studies and Research (HILSR) is a significant step toward integrating modern dispute resolution techniques into legal education. Supported by a strong legislative framework and judicial encouragement, ADR is reshaping the justice delivery system in India. HILSR’s initiative promises to empower law students with essential skills to become effective dispute resolvers and contribute to reducing the judicial backlog.
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