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