Mangalore, Mar 30: The alternative dispute resolution (ADR) mechanism is not a substitute to the existing judicial system, but a supplement to the existing adjudication process of the judicial system. It is an alternative to the adjudication process in the existing system, said Justice N Kumar, executive chairman of International Centre for Alternative Dispute Resolution (ICADR), Regional Centre, Bangalore.
Delivering the keynote address on Alternative dispute resolution mechanism ' at a programme organised by ICADR, Bangalore and Mangalore Bar Association in the court premises here on Saturday, he said that the ADR should be in accordance with the written law in the country for the settlement to be respected. The settlement or agreement should be lawful, failing which it will be illegal or unenforceable. Hence, it is the responsibility of the mediators to ensure that the agreement is in accordance with the law, he said.
Speaking on the advantages of ADR mechanism, he said that the adjudication process in the existing judicial system was a time-consuming and cumbersome process. “The present judicial system faces criticism that one is unable to get speedy justice due to inordinate delays. We are trying to include the alternative (ADR) system in the existing one, so that disputes can be dealt with in a better manner,” he said, adding that there would be a perceptible change in the disposal of cases through ADR.
However, the general public perception is that the new system has replaced the old system. People assume that the existing system does not function well, hence the necessity of a new alternative system, which they assume will solve all the problems. The challenge is to correct the misperceptions of the ADR concept, he said.
B V Prakash, Dakshina Kannada principal district and sessions judge, presided over the programme.
C R Sundaresh, assistant secretary of ICADR, Bangalore delivered the introductory address. Ashok Ariga, president of Mangalore Bar Association, welcomed the gathering.











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