Indian judicial is one of the oldest judicial systems, a world- famed fact
but currently it's also well- known fact that Indian judicial is getting
hamstrung to deal with pending cases, Indian courts are congested with long
unsettled cases. The script is that indeed after setting up further than a
thousand fast track Courts that formerly settled millions of cases the problem
is far from being answered as pending cases are still piling up.
To deal with such a situation alternative dispute Resolution (ADR) can be
helpful medium, it resolves conflict in a peaceful manner where the outgrowth is
accepted by both the parties. Alternative Dispute Resolution (ADR) is a growing
field that is changing the way we think about resolving conflicts. ADR refers to
a range of methods for resolving disputes outside of the traditional courtroom
setting, including mediation, negotiation, and arbitration.
In this article, we will explore the benefits and challenges of using ADR, as
well as the different types of ADR methods available provides an alternative to
traditional court litigation, which can be time-consuming, expensive, and
emotionally draining for all parties involved. ADR methods are generally less
formal and more collaborative, allowing parties to have more control over the
outcome of their dispute. Additionally, ADR can be less adversarial than
traditional court litigation, which can help preserve relationships between the
Meaning of ADR
It is alternative dispute resolution in which two or more parties are settled to
an amicable result without the intervention of the court. Alternative dispute is
design to solve the dispute outside the court with the help of an impartial
third party. ADR is a different way to settle the dispute without a trial. the
process of ADR are generally confidential , less formal and stress less than
traditional court proceedings.
It is multiple non-judicial methods of handling conflicts between parties and
provide mechanism substitute to the conventional methods of resolving dispute
.it is voluntary structured process and involves pressure of an impartial third
party. the third party assist the other two parties to reach a decision or make
a decision of their behalf.
Need of ADR
Alternative dispute resolution method has gained substantive traction over the
past 30 years. There are many reasons involved behind this increasing interest
in ADR some of them are:
- Increases court efficiency:
Court are overburdened with increasing number of cases, not many judges
available to handle the caseload. ADR provide helping hands to courts to
increase court efficiency.
- Less costly:
ADR is less expensive than trial by far is most expensive stage of
litigation. The attorneys of the plaintiff charge extra fee till it reaches
the trial stage. ADR is less expensive than court.
- Less risk:
Unintended outcomes in jury trial. Favourable decision may become
unfavourable due to presentation of well-versed argument. ADR prevent this
risk as the decision in favour of both the parties.
- Private and Confidential process:
Everybody wants their reputation intact. In trial, every fact and secret are
open to public. ADR ensure privacy and hence there is no harm to the
reputation of the parties.
Few provisions related to ADRFew important provisions related to ADR are:
- Section 89 of the Civil Procedure Code, 1908 provides that opportunity
to the people, if it appears to court there exist elements of settlement
outside the court then court formulate the terms of the possible settlement
and refer the same for: Arbitration, Conciliation, Mediation or Lok Adalat.
- Order 10 of the civil procedure code, 1908 examination of parties
by the court.
- Arbitration and Conciliation Act, 1996 and,
- The Legal Services Authority Act, 1987.
Advantages of ADRHere are some of the advantages of ADR:
- Faster resolution:
ADR methods can be faster than traditional court proceedings. This is
because ADR allows parties to schedule meetings and hearings more quickly
and with less formality.
- Less formal:
ADR proceedings are often less formal than court proceedings. This can make
parties feel more comfortable and can reduce the stress and anxiety that can
come with a formal court setting.
- Increased control:
ADR allows parties to have more control over the outcome of their dispute.
In court proceedings, a judge or jury makes the final decision, but in ADR,
the parties can negotiate and come to an agreement that works for everyone.
ADR proceedings can be confidential, meaning that the details of the dispute
and any resolution reached can be kept private. This can be particularly
important for disputes that involve sensitive information or reputational
ADR methods can be tailored to the specific needs of the parties involved.
This means that parties can choose the method that is best suited to their
situation, whether it's mediation, arbitration, or another form of ADR.
Overall, ADR offers many advantages over traditional court proceedings. It can
be faster, less expensive, less formal, and more flexible, and it allows parties
to have more control over the outcome of their dispute.
Disadvantages of ADRWhile ADR, or Alternative Dispute Resolution, offers many advantages, there
are also some potential disadvantages to consider:
- No guarantee of resolution:
ADR methods rely on the willingness of both parties to negotiate and come to
a resolution. If one or both parties are unwilling to compromise or agree,
the ADR process may not result in a resolution.
- Unequal power dynamics:
In some cases, one party may have more power or resources than the other,
which can create an imbalance in negotiations during ADR proceedings.
- Limited legal protections:
Depending on the ADR method used, parties may have fewer legal protections
and may not be able to appeal the decision made.
- Lack of transparency:
While confidentiality can be an advantage, it can also be a disadvantage if
it means that the public is not aware of potential wrongdoing or issues that
may be of public concern.
- Lack of enforceability:
If a party does not comply with the decision or agreement reached through
ADR, enforcing the decision may be difficult or impossible, especially if
the agreement is not legally binding.
- Limited discovery:
In some ADR methods, such as mediation, the parties may not have access to
the same level of information or discovery as they would in a court
proceeding, which can make it more difficult to come to a resolution.
Overall, while ADR can offer many benefits, it is important to consider these
potential disadvantages and weigh them against the benefits before deciding
whether ADR is the best approach for a particular dispute.
Kinds of ADR
There are several kinds of Alternative Dispute Resolution (ADR) that are
commonly used to resolve disputes outside of traditional court proceedings.
Here are some of the most common kinds of ADR:
In mediation, a neutral third party, known as the mediator, helps the
parties involved in a dispute communicate with each other and come to a
mutually agreeable resolution. The mediator does not make any decisions, but
instead facilitates discussion and negotiation between the parties.
In arbitration, a neutral third party, known as the arbitrator, listens to
evidence and arguments from both sides and makes a decision that is binding
on the parties. Arbitration can be less formal and less time-consuming than
going to court, but the decision is final and may be more difficult to
Conciliation is similar to mediation, but the third-party conciliator may
take a more active role in suggesting solutions to the parties involved.
Negotiation is the simplest form of ADR, where the parties involved in the
dispute try to reach a resolution between themselves, without the
involvement of a neutral third party.
In a mini-trial, each party presents its case to a panel that includes
representatives from each side and a neutral third party. The panel then
tries to negotiate a resolution based on the presentations.
- Neutral Evaluation:
In neutral evaluation, a neutral third party, such as an expert in the
field, evaluates the dispute and provides an opinion on how it should be
resolved. The opinion is not binding, but it can help the parties come to a
- Online Dispute Resolution (ODR):
ODR involves resolving disputes through online platforms, such as email,
video conference, or online mediation. This mode of ADR is particularly
useful in situations where parties are located in different geographic
locations or where travel is difficult or not possible.
Each kind of ADR has its own benefits and drawbacks, and the best kind for a
particular dispute will depend on the specific circumstances of the case.
Alternative Dispute Resolution (ADR) is a process used to resolve disputes
outside of traditional court proceedings. ADR offers several advantages over
traditional litigation, including cost savings, greater control over the
outcome, and faster resolution. ADR can also help to preserve relationships
between the parties involved in the dispute.
There are several kinds of ADR, including mediation, arbitration, conciliation,
negotiation, mini-trials, neutral evaluation, and online dispute resolution.
Each type of ADR has its own benefits and drawbacks, and the best option for a
particular dispute will depend on the specific circumstances of the case.
Overall, ADR provides an effective and efficient means of resolving disputes and
can be a valuable tool for businesses, individuals, and organizations.