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e system has failed to establish the certainty of punishment for any crime committed. It is well known that in States where the criminal justice system was unable to deliver justice various unauthorised groups like private army, militant organisations, underworld gangs, etc., have taken over the task of grievance removal at their level. Many States in India are the glaring examples of this fact where the common man for remedying his problems approaches the unauthorised aisle even though illegal only because he believes it to be faster and better than the prevailing legal solutions.

The problems of the current criminal system are mainly owing to its adversarial nature which is being followed since time immemorial though there have been various amendments and committee’s established but the basic premise of decision making i.e. the process of trial investigation remains the same which is cumbersome and adversarial in nature. The committee on criminal justice reforms in 2003 observed that though the inquisitorial System followed in France, Germany and other Continental countries is certainly efficient in the sense that the investigation is supervised by the Judicial Magistrate which results in a high rate of conviction but to maintain a balance felt that, a fair trial and in particular, fairness to the accused, are better protected in the adversarial system. However, the Committee felt that some of the good features of the Inquisitorial system can be adopted to strengthen the Adversarial System and to make it more effective.

In today’s complex society often in order to obtain justice it appears that we must reach outside the traditional parameters and movement in this direction comes from the idea, fast growing realisation of the litigants that court based adjudication is not the ideal form of justice in all situations. [8] Furthermore the prosecution is not always viable for legally sufficient case which is to be differentiated with a trial sufficient case. A legally sufficient case is one which is identified as having probable cause and all the elements of crime present and a trial sufficient case is one in which there is a strong evidence for conviction. In such cases ADR techniques can be used to resolve the conflict without dropping the case as not all legally sufficient cases are not trial sufficient. Settlement of criminal cases via the procedure of ADR is no longer a new concept and the same is imMediately required in our country to give some breathing space to already overburdened system.

Therefore there is an urgent need to find suitable alternate ways to criminal prosecution and settlement of cases which require speedy trial which is the essence of an efficient criminal justice system. The criminal system is becoming immobilized under its own weight due to heavy pendency, most of the criminal cases are not being effectively addressed; this would further lead to disintegration of the system and the immediate recourse is to adhere to alternative dispute resolution techniques.

Most of the countries these days to get out of the maze of litigation, courts and lawyers’ chambers encourage alternative methods of dispute resolution. It can be observed that ADR has become a global necessity in recent times, various methods of alternative dispute resolution have also emerged as one of the most significant movements as a part of judicial reform. It is pertinent to note that the en本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。