ADR In India: Evaluating Mediation, Arbitration And Conciliation For Dispute Resolution

Authors

  • Muralidhar Mahanand Research Scholar, Department of Law, ISBM University, Nawapara (Kosmi), Chhattisgarh, India Author
  • Dr. Shameem Ahmad Khan Associate Professor, Department of Law, ISBM University, Nawapara (Kosmi), Chhattisgarh, India Author

Keywords:

Alternative Dispute Resolution; Arbitration; Mediation; Speedy Justice; Judicial Delay; Case Pendency; Access to Justice

Abstract

Alternative Dispute Resolution (ADR) has emerged as a critical adjunct to formal litigation in addressing the twin 
problems of judicial delay and case backlog that afflict legal systems worldwide, and particularly in developing 
jurisdictions such as India. This review paper undertakes a meta-analytical examination of past scholarly work 
on ADR mechanisms arbitration, mediation, conciliation, negotiation, and Lok Adalats with specific reference to 
their contribution toward speedy justice delivery. Drawing on a synthesis of empirical studies, doctrinal 
commentaries, and institutional reports spanning nearly three decades, the paper maps the evolution of ADR 
jurisprudence, evaluates the comparative efficiency of ADR forums against conventional courts, and critically 
interrogates the structural, procedural, and attitudinal barriers that continue to limit ADR's transformative 
potential. The review finds that while ADR mechanisms consistently outperform litigation on metrics of time and 
cost, their efficacy is uneven across sectors, undermined by enforcement gaps, inadequate institutional 
infrastructure, and low public awareness. The paper further identifies methodological limitations in existing 
literature, including a paucity of longitudinal data and over-reliance on qualitative perception surveys. Based on 
this critical synthesis, the paper argues for an integrated policy framework combining statutory reform, capacity 
building, and technology-enabled ADR to realize the constitutional promise of speedy justice. The findings hold 
implications for policymakers, judicial administrators, and legal practitioners seeking evidence-based reform of 
dispute resolution ecosystems. 

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Published

2024-05-29

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Articles

How to Cite

Muralidhar Mahanand, & Dr. Shameem Ahmad Khan. (2024). ADR In India: Evaluating Mediation, Arbitration And Conciliation For Dispute Resolution . INTERNATIONAL JOURNAL OF MANAGEMENT RESEARCH AND REVIEW, 14(3), 147-156. https://ijmrr.com/index.php/ijmrr/article/view/743