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  Published Paper Details:

  Paper Title

Indigenous Form of Dispute Settlement: Relevance in Present Perspective

  Authors

  Miss Sanjana

  Keywords

Indigenous method of dispute resolution, Alternate Dispute Resolution, and Traditional Methods of Conflict Resolution

  Abstract


The cases in the Court of Law are getting piled up every day, the judiciary is overburdened and according to statistics about 45 million cases are pending before the Courts to decide. Former Chief Justice of India (CJI) N.V Ramana while speaking earlier at the India-Singapore mediation Summit said that "Disputes were often resolved by the chieftains or elders of the community. Similarly, disputes relating to business were resolved by merchants, either by direct negotiations or through merchant bodies. However, the establishment of the British court's system, in 1775, marked the erosion of community-based indigenous dispute resolution mechanisms in India." The former CJI emphasized a system wherein mediation is the first mandatory system before approaching the Courts. India since time immemorial has had traditional conflict resolution mechanisms, as one can witness in epics like Mahabharat and Ramayana. Alternate Dispute Resolution methods are cost and time efficient and resolve the methods amicably without creating enmity among the parties. The globe is home to many cultures and each of these has its unique indigenous method of resolving the dispute. The formal court system came into existence many centuries after humanity came into existence, earlier the communities used to follow their own traditional methods to settle disputes. These traditional methods of conflict resolution can aid the formal system of adjudication, as the one who settles the dispute in a traditional system is better able to understand the culture and beliefs of the people, but these traditional methods of conflict resolution can be used after certain modifications are incorporated in these systems to make it more impartial and efficient.

  IJCRT's Publication Details

  Unique Identification Number - IJCRT2401891

  Paper ID - 289116

  Page Number(s) - h538-h545

  Pubished in - Volume 12 | Issue 1 | January 2024

  DOI (Digital Object Identifier) -   

  Publisher Name - IJCRT | www.ijcrt.org | ISSN : 2320-2882

  E-ISSN Number - 2320-2882

  Cite this article

  Miss Sanjana,   "Indigenous Form of Dispute Settlement: Relevance in Present Perspective", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 1, pp.h538-h545, January 2024, Available at :http://www.ijcrt.org/papers/IJCRT2401891.pdf

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ISSN: 2320-2882
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Journal Starting Year (ESTD) : 2013
ISSN
ISSN and 7.97 Impact Factor Details


ISSN
ISSN
ISSN: 2320-2882
Impact Factor: 7.97 and ISSN APPROVED
Journal Starting Year (ESTD) : 2013
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