Mediation or Negotiation Processes Avoiding Court Litigation
In the Indian judicial system, there are several specialised courts designed to handle specific areas of law efficiently. Two such courts are the Family Courts and Special Courts, each with its unique purpose and jurisdiction.
Family Courts
Established under the Family Courts Act, 1984, Family Courts were created with the aim to facilitate conciliation and speedy resolution of disputes related to marriage and family matters. These courts handle cases related to matrimonial disputes, property of spouses, legitimacy declarations, guardianship, custody of minors, and maintenance of dependents.
Unlike other courts, no automatic right to lawyers exists in Family Courts; however, the court may appoint an Amicus Curiae for legal assistance. It is also mandatory for states to establish Family Courts in cities and towns with over one million population. Only one appeal to the High Court is allowed in Family Court cases.
Before proceeding with a trial, Family Courts attempt reconciliation through informal proceedings. Procedural and evidentiary rules are relaxed in Family Courts for efficiency.
Special Courts
Special Courts, established under the Special Courts Act, 1979, have a limited jurisdiction over cases related to specific areas of law. These courts aim to enhance the legal framework and support marginalized sections of society.
Examples of Special Courts include Fast Track Courts (FTCs) and Commercial Courts. FTCs are special courts established to expedite trials and ensure the swift disposal of long-pending cases. Commercial Courts, on the other hand, were established under the Commercial Courts Act, 2015, to handle commercial disputes efficiently and ensure quick resolutions.
Before filing a suit in Commercial Courts, parties must undergo Pre-Institution Mediation. The establishment and operation of Special Courts fall under the jurisdiction of the State government.
Arbitration Council of India
In 2019, the Society of Indian Law Firms (SILF) proposed the creation of the Arbitration Council of India to standardize Alternative Dispute Resolution practices in India. While not a court per se, this body aims to promote efficient and effective dispute resolution outside the traditional court system.
In conclusion, the Indian judicial system is equipped with various specialised courts to handle specific areas of law, ensuring efficient and speedy resolution of disputes. Whether it's family matters in Family Courts or commercial disputes in Commercial Courts, the Indian legal system provides a structured approach to resolving conflicts.
