“THE SIGNIFICANCE OF ALTERNATIVE DISPUTE RESOLUTION IN INDIA’S LEGAL LANDSCAPE”
AUTHOR – SPRIHA BISHT, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY PUNE, LAVASA
BEST CITATION – SPRIHA BISHT, THE SIGNIFICANCE OF ALTERNATIVE DISPUTE RESOLUTION IN INDIA’S LEGAL LANDSCAPE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1319-1325, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
Alternative Dispute Resolution (ADR) has gained recognition as an important tool for addressing the drawbacks of traditional litigation in the Indian legal landscape. This paper will begin by looking at what ADR is, discussing its historical roots in ancient Indian practices, and how it has become practiced formally. The paper will then give an overview of the various kinds of ADR, including arbitration, mediation, and conciliation, to show how these three methods serve distinct functions in ADR. We will then discuss the legislative framework in which ADR operates, including the Arbitration and Conciliation Act 1996 and the Legal Services Authorities Act 1987, to provide grounds for ADR in the Indian legal system.
The benefits of ADR are many, which include reduced costs, speedy resolutions, and the ability to maintain relationships in a dispute. Also, ADR is not without difficulty. The main challenges are a lack of awareness, inconsistency in applying ADR, and limitations in reaching ADR resources, which undermine its benefits. There will be case studies that offer additional insight into how ADR has been effectively used in various situations, be it in family disputes, disputes involving commercial issues, or disputes in consumer rights, and how ADR is transforming the legal system.
In conclusion, while ADR offers a way to move away from the current state of litigation in India, there must be a continued effort to develop ADR’s usability and impact. By effectively integrating ADR within the legal system, ADR can be positioned to address the backlog of cases in the courts and establish a mindset for collaborative problem-solving, which will contribute to a more efficient and equitable delivery of justice to the people in India.
KEYWORDS: Alternate Dispute Resolution, collaborative problem-solving, equitable justice, speedy resolution, reduced costs.