The Legal Education - Law Commission of India

65formulated may be adopted by the High Courts concerned for givingeffect to sec. 89(2)(d).”In the light of the above judgment, it is clear that every case mustcompulsorily pass through a process where an attempt is made forsettlement by ADR procedures.6.4 The Commission is, therefore, of the view that ADR proceduresmust form and continue as a compulsory subject in all law schools and thatthere is urgent need for training lawyers, who are already practising in thecourts, in these ADR procedures.Courts must be recognized as centers for adjudication or settlement:6.5 According to age old and popular conception, courts wererecognized only as places where disputes are adjudicated by a competentjudge in a court established by the State. But, these age old concepts havenow undergone a complete transformation. According to Prof. Frank EASander, today, the status of the court is different. Today, the court is also aplace which encourages settlement. Prof. Sander’s vision was that the:“court was not simply a courthouse but a dispute resolution centrewhere the grievant, with the aid of a screening clerk, would bedirected to the process (or sequence of processes) most appropriateto a particular type of case” (Sander, Frank, EA ‘Varieties ofDispute processing’ 707 RD 111 quoted in ‘Dispute Resolution’ byGoldberg, Sander and Rogers, 3 rd Ed, 1999)