Recently Apex Court declared that according to the Section 89 of CPC ADR is must for many cases. But the ADR procedures are not established in Indian Context. ADR is intended for speedy resolution of cases. If ADR fails the available recourse is return to the trial court. If one party with the intent to further delays the matter, he can negate the ADR and return to trial court. In such event ADR becomes a futile exercise. To avoid such eventualities, the process completed in the ADR shall be taken as continuation to the main case. Whatever records examined, documents identified shall be taken as already examined and recorded. This will save time of the trial court.
In US ADR system, Early Neutral Evaluation (EWE) is in practice. Where a competent judge will evaluate the case to the maximum extent with the active participation of the parties and submit the record for the trial court for further procedure. In highly technical cases like commercial contracts, Engineering Contracts this will immensely help the trial court in resolving the issue at the earliest. In India also such EWE system is necessary; which will give impetus to the ADR. I invite elder’s views in this regard.
