The Problem Explained

3.5 crore cases are pending

across courts in the country. India’s judge to

population ratio (14

judges per 10 lakh

people) is the lowest in

the world; whereas the

average in developing

countries is roughly 40

judges per 10 lakh

people.

Average disposition time of a case

is 15 years.

The SC has recently observed that

litigation has become expensive

and time consuming.

Our Proposal

Proposal to constitute constituency

level Community Conciliation

Centres to address the problem.

Three Issues to be Addressed Simultaneously:

- Less expensive redressal of disputes

- Ensuring time-bound justice

- Reducing procedural wrangles In tune with the observations of

Supreme Court, an attempt must

be made to promote Alternate

Dispute Resolution systems to

meet the requirement.

Community Conciliation Centres

The Community Conciliation Centres are for

at the local community

level.

They will be instituted at

assembly constituency level in

every state/union territory.

Arbitration in these centres

includes Mediation and

Conciliation.

The Basic Idea

To encourage people to adopt and accept arbitration

as means of dispute resolution because there is need to

develop Alternate Dispute Resolution systems.

Creating a concrete platform to take

forward the concept of arbitration as

envisioned in the Arbitration and

Conciliation Act, 1996.

To give every citizen economic and

time-bound solutions to disputes at

local level.

Working Mechanism

Jurisdiction

A CCC’s jurisdiction covers its own

constituency. If there is a dispute

affecting people in different

constituencies, jurisdiction will be

decided on the basis of cause of

action.

What is the scope?

These centres function under the

provisions of the Arbitration and

Conciliation Act 1996.

Appeals

Appeals will not go to court. An assembly of all

the 8 Mediators will form a Bench which can be

approached for appeals.

Who will work in the Centres?

The 8 Mediators will be elected

from amongst the community, and

they will hold a job that is

recognised by the government,

i.e., a government job.

The Mediators

The 8 Mediators will elect

from themselves a head

who will take care of the

maintanance of the Centre.

Distinct From Lok Adalats

The Arbitration and Conciliation Act, 1996

expects people to appoint their own

arbitrators.

This is taken care of at the

community level in this system.

Why CCCs Instead of Courts

Unique Feature of Community Conciliation Centres:

It is a better idea to create Community Conciliation Centres instead of going for

creating new courts because

Less procedure ensures

time-bound justice Appeals at court take time Litigation in courts has

become expensive

Spreading Awareness About ADR

Systems

This will lead to reduce the impact of docket explosion

in courts.

There is a dire need for

spreading awareness about

Arbitration as an alternate

dispute resolution system.

Volunteers from various legal

professions are roped in to

conduct workshops and public

meetings.

Lawyers, judges and other eminent legal

scholars are given opportunities to

interact with the common-man to spread

awareness about Arbitration

The programme aims to educate and

encourage people to accept Arbitration

as an ADR system.

Funding

Government’s funds will be

used for the infrastructure

of the Centre: Building,

management, etc.

Parties will be asked to

pay a fee equal to the

court fee for regular

maintanance of the Centre.

Capital Expenditure Revenue Expenditure

Since the apex court has been advocating that the litigant public

must resort to Alternate Dispute Resolution systems, the government

must extend the necessary financial sustenance.

Pros and Cons

Speedy Justice is ensured to all citizens at community level

No question of expensive litigation; economic redressal

Less procedures; less time-consuming

Democratic Element in election of Mediators:By people’s own choice they can elect their own judges.

People might be apprehensive about approaching the

new system

CAN BE ADDRESSED BY AWARENESS CAMPAIGNS

High cost involved in elections might deter government

IT IS CHEAPER THAN INSTITUTING NEW COURTS

Backlash from the Lawyer Community

CAN BE ADRESSED BY INCLUDING A LAW DEGREE AS

QUALIFICATION FOR A MEDIATOR

Deciding a jurisdiction in case of inter-constituency

disputes.

COMING UP WITH STRICT GUIDELINES WILL SOLVE THE

ISSUE

PROS CONS

References

The Arbitration and Conciliation Act, 1996

‘Litigation Beyond the Reach of Poor, Says Apex Court’, Article in The New Indian Express, dated 25th August 2013 http://newindianexpress.com/nation/Litigation-has-gone-beyond-reach-of-poor-man-SC/2013/08/25/article1751207.ece

‘CJI, P Sathasivam on Arbitration’, accessed from http://lexarbitri.blogspot.in/2013/07/chief-justice-of-india-designate-p.html

‘Practical Approach to Arbitration and Concilliation’ by Aruna Sarma (2006)

‘Law of Arbitration and Concilliation Including Other ADRs ‘ by SK Chawla (2012)

‘Commentary on the Arbitration and Conciliation Act’ by Justice SB Malik (5th Edition 2011)

‘The Law And Practice Of Arbitration And Conciliation’ by OP Malhotra & Indu Malhotra (2006)