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Research Paper Volume 8 Issue 2 4692 - 4715 April 26, 2025

Iustitia Differtur Iustitia Negatur: Scrutinizing Alternative Dispute Resolution in Reference to Indian and International Arbitration from an Expository Lens

Lead author · Corresponding
Shivali Tripathi
Student at Amity Law School, India
Co-author
Ayush Saran
Assistant Professor at Amity Law School, Amity University, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.119544
Abstract

The foundation of any civilised society is justice. For thousands of years, the pursuit of justice has been a goal that humanity should aim for. Since it has been argued with justification that "justice delayed is justice denied," an efficient judicial system requires that just outcomes be obtained promptly as well. However, the Indian legal system's current infrastructure is inadequate to address the mounting backlog of cases in a reasonable amount of time. Despite the judiciary's perpetual efforts, the average individual may occasionally find themselves trapped up in litigation for the rest of their lifetime; on certain occasions, litigation even endures onto the next generation. Alternative Dispute Resolution has exhibited to be handy because, in most instances, it offers an amicable mechanism and a win-win scenario for both the parties. Every sort of dispute, including those concerning the workplace, families, businesses, and corporations, can be settled by means of ADR. The concept of alternative dispute resolution (ADR) is introduced in this study, followed by an analysis of its historical roots in the Indian legal system. The many forms of ADR (Arbitration, Mediation, Negotiation, Conciliation, and Lok Adalat’s) that are employed in India are then covered. Information about India's ADR laws is also included in the article. The benefits of ADR are also covered in the paper. The future of ADR in India's judicial system is also examined in the paper. The report concludes with several recommendations for further study and methods to increase the ADR mechanism's level of participation.

Keywords Scrutinizing ADR
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 4692 - 4715
DOI: https://doij.org/10.10000/IJLMH.119544
Creative Commons
CC BY-NC 4.0 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.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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