ADR MECHANISMS IN INDIAN LEGAL SYSTEM

Abstract

Alternative Dispute Resolution is increasingly becoming a tool of the Indian legal system to provide accessible and efficient justice particularly in commercial and private law. It is a transition premised on the appreciation of the fact that unlike ADRs that features arbitration through questionnaire, cataloguing, or storage, traditional litigation is required, yet the entire process can be lengthy, costly, and rigorous, thereby putting a drag on the dispute settlement procedure (Noone and Ojelabi, 2020). The ADR methods are therefore a less formal, adaptive as well as often faster mode of solving a conflict outside the conventional court setting. This change makes the access to justice more advantageous, as it makes the rule of law stronger (Begum et al., 2022; Kadambari, 2021). In the idea of justice delayed, the second reason is the fact that a dispute has to be dealt with in the long run (Akhtar et al., 2023). The implementation of ADR in Indian courts can help to reduce the burden on the already overwhelmed courts and find acceptable and permanent solutions (Clammer and Byrne, 2021). The chapter considers the specifics of the presence of ADR options and legal foundations, the specifics of its functioning in India, and how it is applied to a particular type of private or commercial conflict, and how they are used in the sector of family jurisdiction (Ojelabi and Gutman, 2020). It will also explore how digital technologies are transforming these processes making them more effective and accessible (Bhushan, 2023). The latest to this insight, however, is the matter of the recent legislative shift, namely, the Mediation Act, 2023, that elevated mediation to the status of being no less important than arbitration, and gave India a clear standing in terms of the worldwide ADRs (Aadya, 2024). The aim of this summary is to review the progress ADR and its current and potential future in India along with its success and its effects on the legal fraternity in general. This paper will also analyze the issues and opportunities that are related to the popularity of the ADR, especially in terms of globalization and increasing complexity of business transactions.