RESEARCH METHODOLOGY

1.1 Research Objective

This project work is done on the topic of Free Legal Aid under the Alternate Dispute
Resolution. The basic object behind making this paper on this topic is to get knowledge
about how the matter can be solve outside the court.

1.2 Hypothesis/Research Question

The project problem addressed in this paper based on following question i.e Who is the head
of the family?,Number of Members? House number?,Whether they have visited the court or
not before? If they have any legal issue?, Visited the Panchyat before? Other issue?

1.3 Research Methodology

The researcher in this work has been relied mainly on Doctorinal and Analytical as well as
Practical base. The above method was considered apt for the given topic; because, it is a
theory-based as well as practical based topic, for which the doctrinal method as well as
empirical method was adopted.

1.4 Nature of Work

The paper is analytical as well as descriptive in nature. However the majority of the project
paper is Descriptive and analytical in nature.
1.5 Sources of Data
Both primary and secondary sources of data have been used.

1.6 Scope and Limitation

The scope of this project is limited to an analysis of Data During the survey

1.7 Mode of Citation

Blue book Uniform Mode of Citation has been adopted throughout the course of
the paper.
INTRODUCTION

Alternative dispute resolution (ADR) (also known as external dispute resolution in some
countries, such as Australia[1]) includes dispute resolution processes and techniques that act as
a means for disagreeing parties to come to an agreement short of litigation. It is a collective
term for the ways that parties can settle disputes, with (or without) the help of a third party.
Despite historic resistance to ADR by many popular parties and their advocates, ADR has
gained widespread acceptance among both the general public and the legal profession in
recent years. In fact, some courts now require some parties to resort to ADR of some type,
usually mediation, before permitting the parties' cases to be tried (indeed the European
Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation; this
means that attendance is compulsory, not that settlement must be reached through mediation).
The rising popularity of ADR can be explained by the increasing caseload of traditional
courts, the perception that ADR imposes fewer costs than litigation, a preference for
confidentiality, and the desire of some parties to have greater control over the selection of the
individual or individuals who will decide their dispute. Some of the senior judiciary in certain
jurisdictions (of which England and Wales is one) are strongly in favour of this (ADR) use of
mediation to settle disputes.1Alternative Dispute Resolutions ("ADR") are alternative
methods that; an independent, objective and impartial third party provides the parties of the
legal dispute to reach an agreement about the dispute by bringing them together and
communicating with each other.

Dispute resolution in Turkey is a fundamental duty of State. For any dispute arising from a
legal relationship between the concerned parties, application to the state courts is the initial
and essential judicial remedy.

ADR have come up as an option for providing cost and time efficiency as compared to the
judicial proceedings before state courts and for averting the disadvantages of the latter. ADR
are optional dispute resolution proceedings and methods as compared to proceedings before
State Courts. ADR aims simpler and faster resolution of the disputes without impairing the
judicial sovereignty of the state.

Any method of resolving disputes other than by litigation. Abbreviated as ADR. Public
courts may be asked to review the validity of ADR methods, but they will rarely overturn
1
en.wikipedia.org, on 27/9/14 at 09:28pm.
ADR decisions and awards if the disputing parties formed a valid contract to abide by them.
Arbitration and mediation are the two major forms of ADR.

Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of
the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation,
mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time
delays continue to plague litigants, more states have begun experimenting with ADR
programs. Some of these programs are voluntary; others are mandatory.2

COLLECTION OF DATA

2
www.law.cornell.edu, on 27/9/14 at 09:33pm.
 HEAD NO OF HOUSE IF THEY VISITE OTHER
SL OF MEMBERS NUMBER ARE LEGAL D
ISSUE
NO. FAMILY OR VISITED ISSUE THE
NAME COURT PANC
BEFORE HYAT
BEFORE
1 MANOH 5 47 NO NO NO AREA UNDER
INFLUENCE
AR
OF LIQUOUR
GAJMER
2 SHIV 2 534 NO NO NO ELEPHANT
ATTACK
KUMAR
NOWBA
G
3 SHAGUN 9 198 NO NO NO POLITICAL
CASES
BISWAK
ARMA
4 BAGWAT 5 243 NO NO NO DRUG
INFLUENCED
I
AREA
THAPA
5 SROJAN 10 283 NO NO NO WRITTENEN
APPLICATION
A
FOR
BHOWAT MUTATIONOF
HOUSE
6 RUPESH 7 DONT NO NO NO NO
GOVERNMEN
TAMANG KNOW
T
COMPENSATI
ON
7 RIMPA 11 NO NO NO NO NO
THAPA
8 DIKKI 12 DONT YES AFFIDAVIT NO NO
TAMANG KNOW
9 NELAM 15 DONT NO NO NO NO
NIMBU KNOW
10 MOHA-
MMAD 3 024 NO HIS LAND
ASHRAF WAS SOLD NO NO
ALI FRADULE-
NTLY
12 R.K PIYUH NO NO NO REGISTRATION
ADVISED FOR
SINGH 4 MEDICAL RENIEW OF
TRADE LICENSE
HALL
13 KULMA NO NO NO NO
N 5 5/36R
PRADHAN
14 PRADIP
PRADHAN NO
6 B/55 NO NO NO

15 SONU 6 DONT NO NO NO WRITE

APPLICATION
BHUTIA KNOW
FOR NEW
VOTER CARD
16 L.SUBBA ` 9 DONT NO NO NO NO
KNOW
17 DIRAJ 7 DONT YES AFFIDAVIT NO NO
LAPA KNOW

ANALYSIS OF DATA

This survey was for our practical paper i.e Alternate Dispute Resolution at Sukna dated on
4/05/2015 to find out any issue which can be solve by alternate dispute mechanism i.e outside
settlement not going through the court. The survey was conducted among the various houses
to find out any issue which can be solve by these mechanism. The various question was set
for this purpose which can seen from the collection of data. The Questioner which was asked
they response to us very nicely but they do not come up with any issue can be solved by
these mechanism so the scope of these mechanism become very limited. The seventeenth
houses was visited by our group and the six types of question was asked by us most of them
response to us with very minute issues and only one person told to us that he has a problem
relating to land.

OBSERVATION:-

From the collection of data we have come to observation that the people are very much rigid ,
they do not want to come up with any issue which can be solve by the Alternate Dispute
Resolution mechanism. They told to us that they do not have any such big legal issue and
some of them told to us that they need only assistance for writing and application. The only
one person told to us he have legal issue related to land but it can not be solve by these
mechanism because the remedy which he want it can be given by the court of Law not by
these mechanism. The objective of these survey was a good initiative was taken by our
college at least we can reach to various class of people and can understand there problem and
if we can help them if they have any issue for justice ,it might happen they are poor and for
these reason they do not go to court for getting the justice and also some of the issues may be
there which can solve not going to the court.

POSSIBLE REMEDY AND SUGGESTION

The one person who have a problem relating to land we can at least provide him a legal
assistance. The other issues which is came before us we have solve there instantly like wrote
an application for birth certificate ,new voter card etc. and also advised for how renew trade
license can be done. But the main objective of these survey it to find out any issue which can
be solve the Alternate Dispute Resolution Mechanism but there was no such issue in which
this mechanism can apply. At least by these survey awareness can be created so that in future
if they need help they can approach to us. As we know the Constitution of India Article 39
A talks about free Legal Aid should be provided to the weaker section of the society so that
they can get a proper justice and there legal issues can be solve at least our college has taken
the step for these purpose but the long way to go because the large number of society till they
fear to go to court more program have to be conducted for fulfillment of these objective.

CONCLUSION

Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of
the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation,
mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time
delays continue to plague litigants, more states have begun experimenting with ADR
programs. Some of these programs are voluntary; others are mandatory. Many individuals
and entities still resist ADR because it lacks the substantive, procedural, and evidentiary
protections available in formal civil litigation. For example, parties to ADR typically waive
their rights to object to evidence that might be deemed inadmissible under the rules of court.
Hearsay evidence is a common example of evidence that is considered by the parties and
intermediaries in ADR forums but that is generally excluded from civil trials. If a disputant
believes that he or she would be sacrificing too many rights and protections by waiving the
formalities of civil litigation, ADR will not be the appropriate method of dispute resolution.

An arbitration agreement is a written contract in which two or more parties agree to settle a
dispute outside of court. The arbitration agreement is ordinarily a clause in a larger contract.
The dispute may be about the performance of a specific contract, a claim of unfair or illegal
treatment in the workplace, a faulty product, among other various issues. People are free to
agree to use arbitration concerning anything that they could otherwise resolve through legal
proceedings.

Conciliation is a voluntary proceeding, where the parties involved are free to agree and
attempt to resolve their dispute by conciliation. The process is flexible, allowing parties to
define the time, structure and content of the conciliation proceedings. These proceedings are
rarely public. They are interest-based, as the conciliator will when proposing a settlement, not
only take into account the parties' legal positions, but also their; commercial, financial and /
or personal interests.

Lok Adalat, as the name suggest means Peoples Court. Lok stands for People and the word
Adalat means Court. Lok Adalat is a special kind of peoples court in which disputes solved
by direct talks between the litigants. The members of legal profession, college students, social
organisations, charitable and philanthropic institutions and other similar organisations may be
associated with Lok Adalat. Lok Adalat is a boon to the litigant public, where they can get
their dispute settled faster and at free of cost. Experience has shown that its one of the
efficient and important ADR and most suited to the Indian environment, culture and social
interests. Objective of Lok Adalat is to settle the disputes which are pending before the
courts, by negotiations, conciliation and by adopting persuasive common sense and human
approach to the problems of the disputants. The large population of India and the illiterate
masses have found the regular dispensation of justice through regular courts very
cumbersome and ineffective. The special condition prevailing in the Indian society and due to
economic structure, highly sensitized legal service is required which is efficacious for the
poor and the ignorant masses. The Lok Adalat movement is no more an experiment in India
Lok Adalats play a very important role to advance and strengthen equal access to justice,
the heart of the Constitution of India, a reality.

Legal aid is required in many forms and at various stages, for obtaining guidance, for
resolving disputes in Courts, tribunals or other authorities. It has manifold facets. The
explosion in population, the vast changes brought about by scientific, technological and other
developments, and the all round enlarged field of human activity reflected in modern society,
and the consequent increase in litigation in Courts and other forums demand that the service
of competent persons with expertise in law is required in many stages and at different forums
or levels and should be made available.

BIBLIOGRAPHY

PRIMARY SOURCES

DATA COLLECTED BY THE SURVEY

BOOKS
 Ray Sukumar, Alternative Dispute Resolution, Eastern Law House, ed.2012.
Dr. Tripathi S.C. , Alternative Dispute Resolution System, Central Law Publication, 1 st ed.
2012.
Singh Avtar, Law of Arbitration and Conciliation & Alternative Dispute Resolution System,
Eastern Book Co., 9th ed.