Abstract

Human life frequently involves conflict, yet man has also tried to resolve conflicts practically since the dawn of time. Conflict can be resolved in one of two ways: violently or nonviolently. Humans always have to decide whether to use violence or nonviolent means to settle disputes. Gandhi is remembered for his decision to choose Satyagraha, or nonviolent resistance, to resolve disagreements. Many scholars and individuals have described the nonviolent approach to settling problems both before and after Gandhi, but Gandhi was the one who not only spoke and wrote a great deal about it, but also exemplified it in his thoughts, words, and deeds. Through the assistance of a mediator, the modern Alternative Dispute Resolution (ADR) movement has developed a mechanism meant to prevent litigation and give parties to disagreements some degree of control over how they are resolved in a Gandhian spirit. The goal of the essay is to reexamine ADR from a Gandhian standpoint and show how Gandhian satyagraha and ADR techniques are related. Gandhi advocated for out-of-court settlements in numerous situations during his career and in public. Therefore, he might be referred to as the founder of ADR in India.

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