ADR In India: Evaluating Mediation, Arbitration And Conciliation For Dispute Resolution
Keywords:
Alternative Dispute Resolution; Arbitration; Mediation; Speedy Justice; Judicial Delay; Case Pendency; Access to JusticeAbstract
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.
