The evolution and origin of Alternative Dispute Resolution (ADR) can be first sighted in the United States of America when they started experimenting with the methods of arbitration, mediation and cancellation as a means to relieve the overburdened judiciary system. And with the passing days the advantages and benefits of the ADR was realized and this experimentation of ADR was transformed to institutionalization.
Internationally, ADR emerged in both the developing and developed countries and this system is being used in order to settle a wide range of conflicts such as social, legal, commercial and political. Other than the fact that ADR is a panacea to the overburdened judiciary it is also a very important tool in delivery of justice to the disadvantaged groups.
Due to poverty, illiteracy and other associated reasons people are deprived of justice mainly because of two reasons. Either they are hesitant to go to the Courts as they are dreaded by the complicated legal procedure of law and its mandates or they are not in a position to afford the lawyer’s fees and the court fees which is necessary to initiate a legal procedure in the court in most of the developing countries.
A study conducted in the countries like India, Bangladesh and Srilanka revealed that the formal court systems scares and discourages the people of these countries to approach the court of law. The process is both expensive and troublesome for the common man unacquainted with the procedures of the Courtroom.
It is through ADR that the abovementioned barriers are broken and conquered. They are less expensive and time effective. It provides speedy decisions to the aggrieved ones without following the strict procedures of Law. The ADR programs have reached to the remotest of the places, the rural areas, thereby reducing the geographic barriers as the Courts have reached near to those who are in need of justice.
In China, there are more than one million mediation centers in the rural areas providing relief to the people who could not approach the courts.
In India, Lok Adalats (People’s Court) was set up under the provisions of Legal Services Authority Act, 1987 has reached to the large masses as they were located in villages.
In Bangladesh, the women were poorly protected and promoted by formal courts so the ADR was introduced to remove this discriminatory bias by recruiting the minority mediators through extensive training.
Therefore it can be well concluded by stating that ADR as an aid to justice delivery system reaches to the needy and poor people and makes them aware regarding the new ADR processes and provides accessibility to the large masses.
