Courts and dispute resolution in India
Here's the key findings of Approaches to Justice in India, a survey by Daksh, a civil society organization that does undertake to promote better governance in India
To address challenges faced by India’s justice delivery system, Daksh, a civil society organization that undertakes research and activities to promote accountability and better governance in India, in a report titled Approaches to Justice in India analyzed data collected from 45,551 respondents. Its findings take into consideration various aspects of the profile of a litigant, including demographic and socioeconomic factors such as age, occupation, religion, caste, income, and assets owned. In addition, aspects such as the average cost incurred by a person if he chooses to go to court or adopts a non-judicial dispute resolution mechanism have also been factored in.
Daksh has tabulated the choice of resolution mechanism opted by respondents (court or non-court mechanisms), costs associated with each, reasons for choosing either method (cost-effectiveness, informal structure, etc). Through this exercise, it was seen that courts emerged as the predominant means of conflict resolution when pitched against non-court mechanisms such as negotiation, mediation, gram panchayats, etc. The costs associated with non-court mechanisms were however seen to be lower than opting for litigation. A look at the key findings:
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