Explain "Dispute Resolution". What factors impede citizens from going to lawyers & police for their dispute resolution? How it impacts on the Indian economy and global perception about the country?

Dispute resolution is the process of resolving disputes between two or more parties, that include citizens, corporations, and governments. There are several methods present for dispute resolution.

Adjudicative process: Where the judge determines the consequences. Example- Lawsuits, arbitration, etc.

Consensual processes: It is a type of agreement availed by the parties. Example- Mediation, conciliation, negotiation, facilitation, avoidance, etc.

Factors, impeding citizens: According to a recent study, people are following a trend of avoiding lawyers & police when it comes to the matter of dispute resolution. The factors that are creating hindrance are.

  • To avoid further legal complications
  • The problem of demanding bribe is on the rise
  • The weak financial condition with a less annual income
  • Even after losing money and time no satisfactory results are coming
  • The unruly behavior of police personnel while filling a complaint
  • Cases are facing delay due to non-availability of judges, advocates or witness

As a result, people find it suitable not to get trapped with the system and close the matter of dispute.

Impacts: The dispute resolution malfunction intensifies a huge impact on the Indian economy and global perception about India.

It is reflected by the World Bank rating on Ease Of Doing Business 2020, which has ranked India 63rd out of 190 countries.

As per the study, India takes a long time for dispute resolution.

As far as the quality of judicial processes is concerned India’s condition in court proceedings, case management, court automation, and alternative dispute resolution are not up to the mark.

Way out: In this condition, the other forms of alternative dispute resolution could play a significant role. It is not only for speeding up dispute resolution but also for setting up a strong in-country mechanism for out of court dispute resolution. This process is practiced in the form of arbitration, negotiation conciliation, and mediation.

Question for UPSC Mains:
Explain “Dispute Resolution”. What factors impede citizens from going to lawyers & police for their dispute resolution?  How it impacts on the Indian economy and global perception about the country?

Published: November 25, 2017 | Modified:August 15, 2020

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