ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISMS IN INDIA: AN OVERVIEW
AUTHOR – SHREYA SINHA, STUDENT AT DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY, SABBAVARAM, VISAKHAPATNAM, A.P., INDIA
BEST CITATION – SHREYA SINHA, ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISMS IN INDIA: AN OVERVIEW, ILE MULTIDISCIPLINARY JOURNAL, 3 (1) OF 2024, PG. 94-104, APIS – 3920-0007 | ISSN – 2583-7230.
ABSTRACT
This project provides a comprehensive overview of Alternative Dispute Resolution (ADR) mechanisms in India, focusing on their evolution, significance, and contemporary relevance within the Indian legal landscape. ADR refers to a variety of processes that enable parties to resolve disputes without resorting to traditional litigation. These processes include arbitration, mediation, conciliation, and Lok Adalat, each offering distinct advantages such as reduced costs, expedited resolution, and less formal procedures. The project explores the historical development of ADR in India, tracing its roots from ancient dispute resolution practices to its formalization in modern legal systems.
A significant portion of the project examines the legal framework that governs ADR in India. This includes constitutional provisions such as Article 39A, which mandates the state to provide free legal aid to ensure justice for all, and various legislative enactments like the Arbitration and Conciliation Act, 1996, which provides a comprehensive legal structure for arbitration and conciliation. The project also reviews key judicial decisions that have interpreted these laws and shaped the practice of ADR in India, highlighting the judiciary’s proactive role in promoting ADR mechanisms. The project further analyzes the practical application of ADR across different areas of law. In civil disputes, ADR is increasingly recognized for its ability to provide quicker and more amicable resolutions, thereby reducing the backlog of cases in Indian courts. In the context of criminal law, mechanisms such as plea bargaining and mediation are discussed, particularly in cases involving minor offenses, where ADR can provide a more restorative form of justice. The use of ADR in commercial disputes is also explored, emphasizing its importance in resolving complex business conflicts efficiently and confidentially.
Despite the numerous benefits of ADR, the project acknowledges several challenges that hinder its widespread adoption in India. These challenges include a lack of awareness and understanding among the general public, limited access to qualified ADR practitioners, and the occasional reluctance of parties and lawyers to engage in ADR processes Overall, this project underscores the vital role that ADR plays in promoting a more efficient, inclusive, and accessible justice delivery system in India. By providing alternative pathways to resolve disputes, ADR mechanisms help to alleviate the burden on traditional courts, facilitate timely justice, and contribute to social harmony.