The Legal Education - Law Commission of India

62Chapter VIAlternative Dispute Resolution training for studentsas well as lawyers6.0 The Commission has felt it expedient to add a separate chapter on‘Alternative Dispute Resolution’ both for students at the law schools andfor lawyers who are already at the Bar.6.1 Recently, Parliament enacted new sec. 89 in the Code of CivilProcedure, 1908 by requiring every civil suit to mandatorily go throughthe ADR process, however, giving the parties the option to choose one orother of the processes – like arbitration, mediation, conciliation andsettlement through Lok Adalats. These provisions have come into forcefrom 1.7.2002.6.2 Parliament enacted these provisions into our civil procedure with aview to lessen the burden of the civil courts and to save money and time forthe litigants. But, unfortunately, the subject of ADR is not familiar to mostof the lawyers at the Bar. Not only are they not familiar but there is somekind of antagonism or disbelief in the efficacy of these systems. Lawyersand judges are known for their conservatism. This conservative experienceregarding ADR is not peculiar to our country. Even in advanced countriesin America, Europe and in the Commonwealth when, over just about 20years ago, these ADR systems were proposed there was resistance from thelawyers and Judges. There is vast literature on this aspect. But over aperiod, the lawyers and the litigants in this connection have realized andrecognized the utility of these systems. In those countries, in just about 20