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
