Speeding up the Judicial Process
If justice delayed is indeed justice denied, let’s talk about the story that figures tell us. As of July 1st 2020, the Supreme Court of India has over 60 thousand pending cases. In another report, it was found that there were over 3.7 million cases before high courts, district and taluka courts across India, pending for over a decade. This was shared by the National Judicial Data Grid (NJDG), which monitors the performance of courts nationally in June 2020.
The reasons behind this piling-up of cases have been discussed time and again. But focusing only on the problem seems to just aggravate the situation and not deal with it. So what do we have on the solution front? Fast track courts, e-courts and Alternate Dispute Resolution. Of these, Alternate/Alternative Dispute Resolution (ADR) has often proved to be a helpful mechanism, resolving conflict in a peaceful, cost-effective and less time-consuming manner and where the outcome is mutually agreed on by the affected parties.
The Alternate/Alternative Dispute Resolution (ADR) mechanism can be utilized to resolve disputes related to matters of civil, commercial, family etc. In this, a dispute is resolved outside the court using a neutral third party so that the dispute can be discussed and resolved. There are four forms/techniques or modes of settlement in ADR namely, Arbitration, Negotiation, Mediation and Conciliation.
In Arbitration and Conciliation(a form of arbitration, but less formal), the disputing parties refer their dispute to one or more people known as arbitrator(s). The decision of arbitrator(s), called an ‘award’, is bound on parties and offers fair settlement of dispute outside of court. This cuts down unnecessary delays and expenses.
In Negotiation and Mediation(or facilitated Negotiation) a neutral and reliable third party facilitates settlement between the disputing parties. Unlike arbitration, the mediators do not make a decision or impose their view of the dispute. They just facilitate the process by using their communication, negotiation and social skills to help see the parties see and reach a viable solution.
The practice of ADR has been prevalent in India since the panchayats. In villages, gram panchayats and Lok Adalats are sought after and respected for their decision making and quick efforts. Lawyers across the country often step into the roles of arbitrators and mediators to help bring speedy justice to matters that need urgent attention.
Lawyers play a huge role both inside and outside the courts to uphold the legal structure of our country. In this issue of Insights Success, we bring you the “Prominent Legal Consultants in India” who help the citizens resolve legal issues on-time, effectively and efficiently.
On the Cover, we present Dr Mohan Dewan, Advocate, Patent & Trademark Attorney, Principal, R. K. Dewan & Co., a leading powerhouse, providing dedicated and superlative services in the field of Intellectual Property Rights for over 78 years.
Our Law Firm of the Month is O.P. Khaitan & Co., led by its Managing Partner Mr. Gautam Khaitan, a leading lawyer and dealmaker who is also a frequent author and speaker on M&A and corporate laws.
We also bring Insightful Interviews with Mr. Anshul Sharma, Founder of Law Street, an online legal platform built with a motive to help people who can’t afford high fees charged by our current legal system; Rakesh Umarani, Founding Partner, UKP Legal, a consistent, patient and professional firm giving each new case the attention it deserves; and Zia Mody, Co-founder and Managing Partner, AZB& Partners, a firm providing reliable, practical, and full-service advice.
We would also like to uphold the services provided by Banthia & Co Advocates, Hariani & Co, Srivastava & Associates, Phoenix Legal, and White Forest Law Offices.
We hope this curated list of Legal Consultants brings the utmost level of valuable insights into the industry, and we also hope these inspirational stories provide you the drive to endeavour towards excellence.
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