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Authors

Debasis Poddar

Abstract

In lieu of formal judicial process under the common law jurisprudence, tools and techniques of alternative dispute resolution (hereafter ADR) - as the same are so called ~ stand way ahead toward peace-building discourse in the contemporary society, as it was earlier. In forthcoming paragraphs. the author strives to articulate with arguments of his own - and corroborate (t)his position that (i) in Its given time and place - the twenty-first century South Asia - ADR, in technical sense of the term, seems a misnomer, because the same stands here in vogue as the mainstream judicious process toward peaceful settlement of disputes between and among individuals or group of individuals since time immemorial; (ii) also, with wide variety of tools and techniques of ADR, the author grapples with jurisprudence of the same to attain sustainable peace sans remnants of prejudice against one another. Besides, in perspective of hitherto ordeal of common law - procedural Law in particular - the author asserts imperative need for minute introspection toward befitting jurisprudence to suit the soil and its people in South Asia; thereby, get rid of the given piecemeal peace process the State grapples with in the course of its myopic dispute governance.

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