Traditional village panchayat practices and formalized mediation processes: An assessment of mediation act, 2023
By: Singh, Deo Narayan and Roy, Rana Navneet
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Material type: 
BookPublisher: Bihar Journal of Public Administration Description: 21(2), Jul-Dec, 2024: p.803-814.Subject(s): Panchayat, Mediation act, Win-lose mode, Alternative dispute resolution, India
In:
Bihar Journal of Public AdministrationSummary: India has been experiencing resolution of conflicts through mediation by the institution known as panchayats from ancient times. Now with burden of cases on judiciary, it has been resorted to mediation mode of conflict resolution. Growing awareness of the shortcomings of the established legal system and a resurgence of interest in alternative dispute resolution (ADR) processes, especially mediation, have been observed in recent years. As such, the present paper compares the traditional panchayat practices with the new arrangements of conciliatory resolution of disputes through laws i.e. formalised mediation process. On the basis of opinions of courts and legal experts, the paper assesses the similarities between the old and new systems. It is found that litigants are becoming interested in panchayats and other types of Alternative Dispute Resolution to avoid the difficulties with regular courts. Finally, it is suggestible that this indigenous method of dispute resolution must be adopted in almost as many kinds of disputes/cases as are possible. – Reproduced
http://www.iipabiharbranch.org/upload/BJPA%20Vol%20XXI%20No.%202%20Jul-Dec%202024.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 21(2), Jul-Dec, 2024: p.803-814 | Available | AR135427 |
India has been experiencing resolution of conflicts through mediation by the institution known as panchayats from ancient times. Now with burden of cases on judiciary, it has been resorted to mediation mode of conflict resolution. Growing awareness of the shortcomings of the established legal system and a resurgence of interest in alternative dispute resolution (ADR) processes, especially mediation, have been observed in recent years. As such, the present paper compares the traditional panchayat practices with the new arrangements of conciliatory resolution of disputes through laws i.e. formalised mediation process. On the basis of opinions of courts and legal experts, the paper assesses the similarities between the old and new systems. It is found that litigants are becoming interested in panchayats and other types of Alternative Dispute Resolution to avoid the difficulties with regular courts. Finally, it is suggestible that this indigenous method of dispute resolution must be adopted in almost as many kinds of disputes/cases as are possible. – Reproduced
http://www.iipabiharbranch.org/upload/BJPA%20Vol%20XXI%20No.%202%20Jul-Dec%202024.pdf
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