ALTERNATIVE DISPUTE RESOLUTION(ADR) IN COMMERCIAL DISPUTES: EFFECTIVNESS AND CHALLENGES
AUTHOR – NAUSHEEN SARFARAJ AHMED SIDDIQUI, STUDENT AT UWSL- KARNAVATI UNIVERSITY
BEST CITATION – NAUSHEEN SARFARAJ AHMED SIDDIQUI, ALTERNATIVE DISPUTE RESOLUTION(ADR) IN COMMERCIAL DISPUTES: EFFECTIVNESS AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 707-713, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
ADR in Commercial Disputes: Effectiveness and Challenges
This dissertation examines the effectiveness and challenges of Alternative Dispute Resolution (ADR) in resolving commercial disputes. The research objectives are to assess how effective ADR is in resolving such disputes and to identify the challenges that hinder its implementation. The study focuses on arbitration, mediation, and negotiation, with a global scope emphasizing jurisdictions like the U.S., UK, India, and Singapore.
Methodology: The research employs a literature review, case studies, and comparative analysis across different legal systems. The dissertation evaluates the strengths of ADR, such as efficiency, cost-effectiveness, flexibility, and enforceability, alongside its challenges, including lack of awareness, enforceability issues, bias concerns, power imbalances, and cultural resistance.
Key Findings: The study reveals that ADR offers significant benefits in terms of speed and cost savings compared to traditional litigation. However, challenges such as limited awareness among businesses and practitioners, cross-border enforceability issues, and perceived biases in arbitration/mediation processes hinder its widespread adoption.
Conclusions: The dissertation concludes by summarizing the effectiveness and challenges of ADR in commercial disputes. It addresses the research questions by synthesizing evidence from case studies and comparative analyses. Recommendations are proposed for stakeholders, including policymakers, businesses, and practitioners, to enhance the legal frameworks, invest in ADR training, and improve neutrality standards. Future research directions are also outlined, focusing on emerging trends like online dispute resolution.
This study contributes to the understanding of ADR’s role in commercial disputes, providing insights for improving its effectiveness globally.
Keywords: Alternative Dispute Resolution, Commercial Disputes, Mediation, Arbitration, Enforceability of Arbitral Awards