Library Catalogue
From court room litigation to Nyaya swaraj with special reference to alternative dispute resolution mechanisms in India
Davis P V
From court room litigation to Nyaya swaraj with special reference to alternative dispute resolution mechanisms in India - BangaloreBangalore NLSIU 2009 - 237 p. ; 25 cm.
TABLE OF CONTENTS GENERAL INTRODUCTION; INTRODUCTION; RATIONALE FOR THE STUDY; RESEARCH METHODOLOGY; LITERATURE; THE AIMS AND OBJECT OF THE STUDY; HYPOTHESES; THE CHAPTERISATION OF THE RESEARCH PAPER; CONCLUSION; CHAPTER-l HISTORIC- SOCIAL ANALYSIS OF THE DISPUTE SETTLEMENT MECHANISMS IN INDIA; INTRODUCTION; 1. 1. DISPUTE SETTLEMENT MECHANISM IN THE ANCIENT PERIOD; 1.2. THE NATURE OF DISPUTE SETTLEMENT MECHANISM DURING THE PRE-MUGHAL PERIOD (850-1525); 1.2.1. Villages with a Small Population of a Single Caste; 1.2.2. Multi-Caste Single-Head Villages; 1.2.3. Multi-Caste Village with a Dominant Caste; 1.2.4. Multi-Caste Village without a Dominant Caste; 1.2.5. The Structure of Caste Councils; 1.2.6. The Villager and the Courts; 1.2.7. Dispute Settlement Mechanism during the Mughal Period (1526-1707); 1.2.8. Dispute Settlement Mechanism during the Early British Period (1708-1900); 1.2.9. Dispute Settlement Mechanism during the Pre- Independence Period; 1.2.10. Dispute Settlement Mechanism during the Early Post- Independence Era (1948-1980}; 1.2.11. Dispute Settlement Mechanism during Recent Era (1980- 2008); 1.2.11.1. Public Interest Litigation: 'Access' through the Top; 1.2.11.2. Legal Aid Program me; 1.2.11.3. Lok Adalat: The Shift to Informalism; 1.2.11.4. Legal Service Authority Act, 1987; 1.2.11.5. The Arbitration and Conciliation Act, 1996; 1.2.11.6. Conciliation under the Civil Procedure Code Amendment Act 1999; 1.2.11.7. Salem Bar Association Case, Draft ADR and Mediation Rules, 2003; 1.2.11.8. Nyaya Panchayat Bill, 2006; 1.2.11.9. Gram Nyayalayas Act, 2008; CONCLUSION; CHAPTER-2 LITIGATION- NATURE, IMPACT, PROBLEMS AND CHALLENGES; INTRODUCTION; 2. 1. LITIGATION DEFINED; 2.2. DISPUTE-CENTERED AND COURT-CENTERED LITIGATION; 2.3. THE ROLE OF LITIGATION IN SOCIETY; 2.4. LITIGATION AND POLICY CHANGE; 2.5. THE IMPACT OF LITIGATION ON SOCIETY; 2.5.1. Complexity; 2.5.2. Belief in Individual Helplessness; 2.5.3. A Cultural Analysis; 2.6. LITIGANT CAPACITY: FACTORS AFFECTING CAPACITY TO ACCESS JUSTICE IN INDIA; 2.6.1. Physical Factors; 2.6.1.1. Inaccessibility of Courts; 2.6.1.2. Insensitive Judiciary; 2.6.1.3. Lack of Legal Help to Physically and Men tally Challenged Persons; 2.6.2. Social Factors; 2.6.2.1. Background and Illiteracy; 2.6.2.2. Social Status of Litigants; 2.6.3. Financial Factors; 2.6.3 .1.Poverty; 2.6.3.2. Costs Involved in litigation; 2.6.3.3. Corruption in Judicial System; 2.6.4. Procedural' Hurdles; 2.7. THE STRENGTHS OF LITIGATION; 2.7.1. The Probability of Error; 2.7.2. Finality; 2.7.3. Cost-Benefit Balance; 2.7.4. Public Demand and User Satisfaction; 2.8. PROBLEMS WITH LITIGATION; 2;8.1. Reactivity; 2.8.2. Dependence; 2.8.3. Limited Resources; 2.8.4. Lack of Enforcement Power; 2.9. CHALLENGES OF LITIGATION; CONCLUSION; CHAPTER-3 ALTERNATIVE DISPUTE RESOLUTION- NATURE, IMPACT, DANGERS, CHALLENGES AND EMERGING TRENDS; INTRODUCTION 3.1. DEFINITION OF ALTERNATIVE DISPUTE RESOLUTION; 3.2. ADR TERMINOLOGY: A DISCUSSION; 3.2.1. The 'A' in AD R; 3.2.2. The 'D' in AD R; 3.2.3. The 'R' in ADR; 3.3. ARCHETYPES OF DISPUTES DETERMINATION; 3.4. THE ROLE OF ADR WITHIN THE TRADITIONAL CO URT SYSTEM; 3.5. THE ROLE OF ADR AS AN "ALTERNATIVE" SYSTEM; 3.6. THE CONTEXT FOR SEEKING ADR: LEGITIMIZATION OF ADR IN INDIA; 3.6.1. Over Crowding of Litigation and Backlog of Cases; 3.6.2. The Indeterminacy in Result and Lack of Finality; 3.6.3. Vexatious Nature of Litigation; 3.6.4. The Expense Involved; 3.6.5. Loss of Social Harmony; 3.7. THE POTENTIAL DANDERS OF ADR; 3.8. MAJOR CHALLENGES TO ADR; 3.8.1. Speedy, Inexpensive, and Non-reviewable Proceedings; 3.8.2. Injunctive Relief; 3.8.3. The Procedural Shortfall; 3.8.4. Restriction on Discovery; 3.8.5. Absence of Record and Precedents; 3.8.6. Public Responsibility on Bearing the Cost of ADR; 3.9. FUTURE TRENDS IN ADR; CONCLUSION; CHAPTER-4; THE PREVIOUS EXPERIENCE OF THE DISPUTE SETTLEMENT MECHANISMS IN INDIA- A CRITICAL ANALYSIS INTRODUCTION; 4.1. GANDHIAN PHILOSOPHY OF CONFLICT RESOLUTION AND PRACTICAL APPROACHES TO DISPUTE SETTLEMENT MECHANISM; 4.1.1. The Links between Gandhi's Satyagraha and Modern Conflict Resolution Practice; 4.1.2. The Gandhian 'Flavour' of Modern Conflict Resolution; 4.1.3. Gandhi's Satyagraha and Conflict Resolution; 4.2. NY A YAP ANCHA Y AT - A CRITICAL AN ANALYSIS; 4.2.1. REASONS FOR FAILURE OF NYAYA PANCHAYAT SYSTEM; 4.3. LOK ADALAT; 4.4. LEGAL SERVICE AUTHORITY ACT, 1987; 4.5. THE ARBITRATION AND CONCILIATION ACT, 1996; 4.6. CONCILIATION UNDER THE CML PROCEDURE CODE AMENDMENT ACT 1999; 4.7. SALEM BAR ASSOCIATION CASE AND THE DRAFT ADR AND MEDIATION RULES, 2003; 4.8. GRAM NYAYALA YAS ACT,2008; 4.8.1. Highlights of Gram Nyayalayas Act; 4.9. PREVIOUS EXPERIENCE OF THE DISPUTE " SETTLEMENT MECHANISMS IN INDIA- A COMPARATIVE APPROACH; 4.9.1. Nyaya Panchayats of Pre-Independent India, Lok adalats, and the Gram NyayaJayas Act, 2008; 4.9.2. NYAYA PANCHAYATS DRAFT BILL, 2006 vs. GRAM NY A YALA I'AS ACT, 2008; 4.9.3. MADHYA PRADESH GRAM NYAYALAYA ADHINIYAM, 1996 vs. GRAM NYAYALAYAS ACT, 2008; LOW LIGHTS OF THE GRAMNYAYALAY-AS ACT, 2008 AND SUGGESTIONS; CONCLUSION; GENERAL CONCLUSION: TOWARDS NYAYA SWARAJ- A NEW MODEL; INTRODUCTION; 1. TOWARDS NYA YA SWARAI; 1.1. 'LITIGATION-FREE' VILLAGE AND TOWN; 1.2. 'CRIME- FREE SOCIETY; 2. GANDHIAN CONFLICT PROCESS- A BASIS OF NYAYASWARAI; 3. NYAYA SWARAI - A NEW MODEL; 3.1. FIRST TIER MECHANISM; 3.2. SECOND TIER MECHANISM: HARMONY COMMITTEE; 3.3. THIRD TIER MECHANISM: NYAYA SWARAI PEETAM (NSP); 3.3.1. Constitution and Composition of Nyaya Swaraj Peetam; 3.3.2. The Jurisdiction of Nyaya Swaraj Peetam; 3.3.3. The Working System of Nyaya Swaraj Peetam; 3.3.3.1. Licensing or Certification of Mediators; 3.3.3.2. The Level of Earnings of Professional Consultants; 3.3.3.3. Training and Education needed for becoming a Professional Mediator; 3.3.3.4. Necessity of being a Lawyer or having a Law Degree to become a Mediator CONCLUSION; BIBLIOGRAPHY.
ADR - India Dispute Settlement Mechanisms - India
From court room litigation to Nyaya swaraj with special reference to alternative dispute resolution mechanisms in India - BangaloreBangalore NLSIU 2009 - 237 p. ; 25 cm.
TABLE OF CONTENTS GENERAL INTRODUCTION; INTRODUCTION; RATIONALE FOR THE STUDY; RESEARCH METHODOLOGY; LITERATURE; THE AIMS AND OBJECT OF THE STUDY; HYPOTHESES; THE CHAPTERISATION OF THE RESEARCH PAPER; CONCLUSION; CHAPTER-l HISTORIC- SOCIAL ANALYSIS OF THE DISPUTE SETTLEMENT MECHANISMS IN INDIA; INTRODUCTION; 1. 1. DISPUTE SETTLEMENT MECHANISM IN THE ANCIENT PERIOD; 1.2. THE NATURE OF DISPUTE SETTLEMENT MECHANISM DURING THE PRE-MUGHAL PERIOD (850-1525); 1.2.1. Villages with a Small Population of a Single Caste; 1.2.2. Multi-Caste Single-Head Villages; 1.2.3. Multi-Caste Village with a Dominant Caste; 1.2.4. Multi-Caste Village without a Dominant Caste; 1.2.5. The Structure of Caste Councils; 1.2.6. The Villager and the Courts; 1.2.7. Dispute Settlement Mechanism during the Mughal Period (1526-1707); 1.2.8. Dispute Settlement Mechanism during the Early British Period (1708-1900); 1.2.9. Dispute Settlement Mechanism during the Pre- Independence Period; 1.2.10. Dispute Settlement Mechanism during the Early Post- Independence Era (1948-1980}; 1.2.11. Dispute Settlement Mechanism during Recent Era (1980- 2008); 1.2.11.1. Public Interest Litigation: 'Access' through the Top; 1.2.11.2. Legal Aid Program me; 1.2.11.3. Lok Adalat: The Shift to Informalism; 1.2.11.4. Legal Service Authority Act, 1987; 1.2.11.5. The Arbitration and Conciliation Act, 1996; 1.2.11.6. Conciliation under the Civil Procedure Code Amendment Act 1999; 1.2.11.7. Salem Bar Association Case, Draft ADR and Mediation Rules, 2003; 1.2.11.8. Nyaya Panchayat Bill, 2006; 1.2.11.9. Gram Nyayalayas Act, 2008; CONCLUSION; CHAPTER-2 LITIGATION- NATURE, IMPACT, PROBLEMS AND CHALLENGES; INTRODUCTION; 2. 1. LITIGATION DEFINED; 2.2. DISPUTE-CENTERED AND COURT-CENTERED LITIGATION; 2.3. THE ROLE OF LITIGATION IN SOCIETY; 2.4. LITIGATION AND POLICY CHANGE; 2.5. THE IMPACT OF LITIGATION ON SOCIETY; 2.5.1. Complexity; 2.5.2. Belief in Individual Helplessness; 2.5.3. A Cultural Analysis; 2.6. LITIGANT CAPACITY: FACTORS AFFECTING CAPACITY TO ACCESS JUSTICE IN INDIA; 2.6.1. Physical Factors; 2.6.1.1. Inaccessibility of Courts; 2.6.1.2. Insensitive Judiciary; 2.6.1.3. Lack of Legal Help to Physically and Men tally Challenged Persons; 2.6.2. Social Factors; 2.6.2.1. Background and Illiteracy; 2.6.2.2. Social Status of Litigants; 2.6.3. Financial Factors; 2.6.3 .1.Poverty; 2.6.3.2. Costs Involved in litigation; 2.6.3.3. Corruption in Judicial System; 2.6.4. Procedural' Hurdles; 2.7. THE STRENGTHS OF LITIGATION; 2.7.1. The Probability of Error; 2.7.2. Finality; 2.7.3. Cost-Benefit Balance; 2.7.4. Public Demand and User Satisfaction; 2.8. PROBLEMS WITH LITIGATION; 2;8.1. Reactivity; 2.8.2. Dependence; 2.8.3. Limited Resources; 2.8.4. Lack of Enforcement Power; 2.9. CHALLENGES OF LITIGATION; CONCLUSION; CHAPTER-3 ALTERNATIVE DISPUTE RESOLUTION- NATURE, IMPACT, DANGERS, CHALLENGES AND EMERGING TRENDS; INTRODUCTION 3.1. DEFINITION OF ALTERNATIVE DISPUTE RESOLUTION; 3.2. ADR TERMINOLOGY: A DISCUSSION; 3.2.1. The 'A' in AD R; 3.2.2. The 'D' in AD R; 3.2.3. The 'R' in ADR; 3.3. ARCHETYPES OF DISPUTES DETERMINATION; 3.4. THE ROLE OF ADR WITHIN THE TRADITIONAL CO URT SYSTEM; 3.5. THE ROLE OF ADR AS AN "ALTERNATIVE" SYSTEM; 3.6. THE CONTEXT FOR SEEKING ADR: LEGITIMIZATION OF ADR IN INDIA; 3.6.1. Over Crowding of Litigation and Backlog of Cases; 3.6.2. The Indeterminacy in Result and Lack of Finality; 3.6.3. Vexatious Nature of Litigation; 3.6.4. The Expense Involved; 3.6.5. Loss of Social Harmony; 3.7. THE POTENTIAL DANDERS OF ADR; 3.8. MAJOR CHALLENGES TO ADR; 3.8.1. Speedy, Inexpensive, and Non-reviewable Proceedings; 3.8.2. Injunctive Relief; 3.8.3. The Procedural Shortfall; 3.8.4. Restriction on Discovery; 3.8.5. Absence of Record and Precedents; 3.8.6. Public Responsibility on Bearing the Cost of ADR; 3.9. FUTURE TRENDS IN ADR; CONCLUSION; CHAPTER-4; THE PREVIOUS EXPERIENCE OF THE DISPUTE SETTLEMENT MECHANISMS IN INDIA- A CRITICAL ANALYSIS INTRODUCTION; 4.1. GANDHIAN PHILOSOPHY OF CONFLICT RESOLUTION AND PRACTICAL APPROACHES TO DISPUTE SETTLEMENT MECHANISM; 4.1.1. The Links between Gandhi's Satyagraha and Modern Conflict Resolution Practice; 4.1.2. The Gandhian 'Flavour' of Modern Conflict Resolution; 4.1.3. Gandhi's Satyagraha and Conflict Resolution; 4.2. NY A YAP ANCHA Y AT - A CRITICAL AN ANALYSIS; 4.2.1. REASONS FOR FAILURE OF NYAYA PANCHAYAT SYSTEM; 4.3. LOK ADALAT; 4.4. LEGAL SERVICE AUTHORITY ACT, 1987; 4.5. THE ARBITRATION AND CONCILIATION ACT, 1996; 4.6. CONCILIATION UNDER THE CML PROCEDURE CODE AMENDMENT ACT 1999; 4.7. SALEM BAR ASSOCIATION CASE AND THE DRAFT ADR AND MEDIATION RULES, 2003; 4.8. GRAM NYAYALA YAS ACT,2008; 4.8.1. Highlights of Gram Nyayalayas Act; 4.9. PREVIOUS EXPERIENCE OF THE DISPUTE " SETTLEMENT MECHANISMS IN INDIA- A COMPARATIVE APPROACH; 4.9.1. Nyaya Panchayats of Pre-Independent India, Lok adalats, and the Gram NyayaJayas Act, 2008; 4.9.2. NYAYA PANCHAYATS DRAFT BILL, 2006 vs. GRAM NY A YALA I'AS ACT, 2008; 4.9.3. MADHYA PRADESH GRAM NYAYALAYA ADHINIYAM, 1996 vs. GRAM NYAYALAYAS ACT, 2008; LOW LIGHTS OF THE GRAMNYAYALAY-AS ACT, 2008 AND SUGGESTIONS; CONCLUSION; GENERAL CONCLUSION: TOWARDS NYAYA SWARAJ- A NEW MODEL; INTRODUCTION; 1. TOWARDS NYA YA SWARAI; 1.1. 'LITIGATION-FREE' VILLAGE AND TOWN; 1.2. 'CRIME- FREE SOCIETY; 2. GANDHIAN CONFLICT PROCESS- A BASIS OF NYAYASWARAI; 3. NYAYA SWARAI - A NEW MODEL; 3.1. FIRST TIER MECHANISM; 3.2. SECOND TIER MECHANISM: HARMONY COMMITTEE; 3.3. THIRD TIER MECHANISM: NYAYA SWARAI PEETAM (NSP); 3.3.1. Constitution and Composition of Nyaya Swaraj Peetam; 3.3.2. The Jurisdiction of Nyaya Swaraj Peetam; 3.3.3. The Working System of Nyaya Swaraj Peetam; 3.3.3.1. Licensing or Certification of Mediators; 3.3.3.2. The Level of Earnings of Professional Consultants; 3.3.3.3. Training and Education needed for becoming a Professional Mediator; 3.3.3.4. Necessity of being a Lawyer or having a Law Degree to become a Mediator CONCLUSION; BIBLIOGRAPHY.
ADR - India Dispute Settlement Mechanisms - India