ROOTS OF ALTERNATIVE DISPUTE RESOLUTION IN INDIA: LEGAL ISSUES AND ANALYSIS—AN ANALYTICAL STUDY

AUTHOR – RIYA,LL.M. (MASTER OF LAWS), UNIVERSITY INSTITUTE OF LEGAL STUDIES, CHANDIGARH UNIVERSITY, MOHALI, PUNJAB, INDIA

BEST CITATION – RIYA, ROOTS OF ALTERNATIVE DISPUTE RESOLUTION IN INDIA: LEGAL ISSUES AND ANALYSIS—AN ANALYTICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 400-410, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

A historical view of the progressive development of ADR in India exposes a systematic integration of the indigenous and professional systems of dispute resolution that serve to improve the realization of the right to recourse to the courts. In the following discussion, details of the historical background of ADR along with its metamorphic evolution of the traditional panchayati format into structured methods such as mediation, arbitration, conciliation, and Lok Adalat are also discussed. With legislative support from the Arbitration and Conciliation Act, 1996, and procedural support, including Section 89 of the Code of Civil Procedure, 1908, ADR has emerged as an important tool of the judicial system in India, easing problems of backlogged courts, high costs of litigation, and time-consuming procedures. However, ADR in India has restrictions on the enforcement of awards, intervention of courts, limited access to ADR, and questions on neutrality arising from arbitration. Using America and Britain’s experience of ADR evolution, the study shows how Indian architecture might also be improved. These are limitations on courts’ interference with ADR decisions; improved access to ADR procedures; higher professional standards for practitioners; and the use of technology and ODR to increase scope and influence. The approach taken here is to argue for ADR as a more sustainable solution for the justice delivery system to meet the needs of the Indian populace as it seeks timely, neutral, and culturally appropriate dispute resolution solutions.

Keywords: Alternative Dispute Resolution, Arbitration, Mediation, Conciliation, Lok Adalat, Arbitration, Conciliation, Online Dispute Resolution, Indian Legal System, Access to Justice