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requirements and their condition particularly in small towns and moffusils is pathetic. A visit to one of these courts would reveal the space constraints being faced by them, overcrowding of lawyers and litigants, lack of basic amenities such as regular water and electric supply and the unhygienic and insanitary conditions prevailing therein. The National Commission to review the working of the Constitution noted that judicial administration in the country suffers from deficiencies due to lack of proper planned and adequate financial support for establishing more courts and providing them with adequate infrastructure. It is, therefore, necessary to phase out the old and outdated court buildings, replace them by standardized modern court buildings coupled with addition of more court rooms to the existing buildings and more court complexes.51

5.5

Litigation through the courts is just one way of resolving the disputes.

Litigation as a method of dispute resolution leads to a win-lose situation leading to growth of animosity between the parties, which is not congenial for a peaceful society. We should, therefore, resort to alternative dispute resolution mechanisms such as negotiations, conciliation and mediation, in which nobody is a loser and all the parties feel satisfied at the end of the day. The main problem being faced in this regard is that there are not many trained mediators and conciliators. We need to impart training in mediation and conciliation not only to judicial officers but also to the lawyers. They

will have to develop expertise to act as successful conciliators. We also need to provide adequate infrastructure

mediators and for conciliation

and

mediation

centres

by

giving

them

adequate

space,

manpower

and

other

51

Ibid.

37

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