Alternate Dispute Resolution (ADR) through
Mediation and Arbitration has been hailed as the next revolution
in the judicial administration in India. Increasing costs of
litigation and delays have always been a source of concern for
those who believe that a good dispute resolution mechanism is
the essence of commercial progress. ADR holds the promise for
economical and quick dispensation of justice through negotiation
and intermediation.
Future for ADR as a practice is therefore
very bright.
However, not all logically correct ideas
become a reality in this imperfect world. If there is a
perception that ADR is an improvement over the current system,
there should logically be a group who benefit from the existing
inefficient system who would like the introduction of the
concept delayed to the extent possible.
Hence despite the honest intention of the
Judicial reformers in India, it is not easy for the ADR system
to take root and develop.
As has been the tradition of Naavi, if
something is considered good for the community, efforts will not
be spared to make such things happen. Now under the same
principle, Naavi has undertaken a mission to develop ADR in
India through a massive collaborative movement across India with
the appropriate use of technology.
This project
www.arbitration.in has
been conceived in a unique manner where all interested persons
will collaborate through the portal to develop a sharable ICT
asset to conduct commercial arbitrations across the county.
The project envisages that in each district
headquarters in every state there will be a "District
Coordinator". Each State will have a "State Coordinator". These
coordinators will keep physical contact with arbitrators and
mediators in their respective areas and act as catalysts to make
the end users ..arbitrators, mediators and dispute clients
utilize the services of the portal beneficially.
All the coordinators will function as
collaborative partners to the venture.
Arbitrators and Mediators who are qualified
in their own areas of specialization will be enrolled as members
to the system and will be the backbone of the portal. They will
also function as collaborative partners to the venture.
The portal will immediately provide offline
back office support to the member arbitrators and will soon put
in place a legally compliant online arbitration facility where
by disputes can be resolved online without the need for parties
to assemble in a common physical space.
The necessary technology support which will
make it a globally unique proposal will be provided by
appropriate technology partners.
The portal will enable individual arbitrators
to use their own rules, regulations and tariff to render their
services. A standard package will also be made available for
those who would like to adopt the model suggested by the portal.
The entire process is intended to establish
ADR at grass root levels using ICT benefits.
Yes, it is an ambitious project.....may be a
mission which takes time to accomplish...may need participation
from many investors, technology supporters, arbitrators,
Governments etc.....may be there will be hurdles in plenty.
But a beginning has been made and I invite
all interested persons to lend their support and make this ADR
revolution a reality.
(Visit
www.arbitration.in for more details. Contact
Naavi for registering as coordinator for any given district)
Naavi
May 15, 2005
Comments
are welcome