A Brief Overview of Alternative Dispute Resolution Mechanisms in India

Alternative Dispute Resolution is a powerful legal mechanism which is adequate to provide alternative process to resolve the disputes without approaching the traditional legal framework. Based on the Law Commission of Malimath Committee, it is a quasi-judicial proceeding which supplements the legal setup but doesn’t supplant, it reduces the stress of court systems with higher pendency of cases. In the complexities of modern life-style, disputants want judgements as quickly as possible. ADR is a flexible, cost-effective and time-saving remedy for resolution of civil, commercial, industrial, insurance and family disputes between parties generally through compromise and has been extended to compoundable criminal issues too. Arbitration, Conciliation, Negotiation, Mediation, Lok Adalat, etc. are the several types of ADR techniques. Sec 89 of CPC provides for judicial settlement of dispute outside the court via arbitration, conciliation, or settlement through Lok Adalat or mediation. If the court finds any elements of settlement in the parties to dispute, it refers the case to appropriate ADR mechanism. The most important principles of ADR techniques are independency, judicial equality, confidentiality, co-operation, impartiality and Natural justice. This research article gives a brief glimpse Alternative Dispute Resolution techniques in India with its points of merit and demerit.