A Diegesis of Alternative Dispute Resolution in Contemporary India

  • Abhishek Bhardwaj and Ishanee Kapoor
  • Show Author Details
  • Abhishek Bhardwaj

    Student at Amity Law School, Noida, India.

  • Ishanee Kapoor

    Student at Amity Law School, Noida, India.

  • img Download Full Paper

Abstract

Alternative Dispute Resolution (ADR) is a process for resolving disputes outside of the legal system. Because trade and commerce are growing at such a rapid rate at the moment, disagreements have become an unavoidable aspect of the scenario. Going with the traditional technique of dispute resolution might take a long time and be more expensive, so the ADR mechanism is used to save time and money. ADR is required at all levels in India since Indian courts are overcrowded with cases, leading in long delays in resolving conflicts and proving to be a more expensive option. Many statutes and legislations are made in this subject from time to time, but there is still a need to raise knowledge about this mechanism among people from all walks of life. Also, following COVID, there has been a noticeable shift in every field, including ADR, with a shift toward Online Dispute Resolution. This paper begins by introducing the notion of alternative dispute resolution (ADR) and then goes on to analyse its origins in the Indian legal system. Following that, the various methods of ADR (Arbitration, Mediation, Negotiation, Conciliation, and Lok Adalats) used in India are discussed. The paper also includes information on the ADR legislation in India. In addition, the paper discusses the advantages of ADR. The report also looks at the future of ADR in India's legal system. Finally, the report offers some suggestions for future research and ways to make the ADR mechanism more participatory, as well as a conclusion.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 675 - 689

DOI: https://doij.org/10.10000/IJLMH.112536

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021