Changing Facets Of Ethics In Alternate Dispute Resolution Mechanism

Ms Chhabi Ojha Malik & Ms Mohita Yadav, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies, New Delhi

ABSTRACT

As rightly mentioned by Richard Cobden, “ADR is more rational, just and humane than the resort to the sword.” We have witnessed since times immemorial that ethics has been an integral part of our culture, the laws in our country have majorly evolved from the customs and the ethical practices. Ethics have been an important tool to evaluate one’s character on a personal as well as professional front. The lawyers being the torch bearers of the noble profession have to be extra cautious while conducting themselves, especially in front of the clients. They also face the ethical dilemma of choosing between the competing values and unethical contradictory practices of dispute resolution. The Advocates have been regulated by the courts upon their behaviour with the help of various rules framed by the Bar Council of India in relation to courts, clients, opponents and colleagues. Alternate dispute resolution being one of the trending ways of resolving legal disputes needs to be protected stringently. This needs to be done so that the litigants build trust in this better way of dispute resolution. This paper will be focusing on the role of ethics in an advocate’s life and how it is important not only in court proceedings but also in alternate dispute mechanisms. Also, it will be discussing the grey areas on which some stringent governing rules should be made and their nature. This paper will also trace the journey of ethics in alternate dispute mechanisms and suggest possible ethical practices to be followed by the advocates while handling alternate dispute resolution matters.

Keywords: Ethics, Alternate Dispute Mechanism, Bar Council of India, Trust, Litigants.