Abstract

This paper delves into the dynamic evolution of the systems and mechanisms of Alternative Dispute Resolution in the Indian legal framework; particularly from the genesis of the Vedic Law and through the numerous phases of Indian socio-cultural development, all the way to the modern legal system based on positive law enacted by legislation. Further, this paper examines the problems posed by the lack of out-of-court redressal of criminal matters along with the overwhelming weight it puts on the already overburdened Indian Courts. Furthermore, it present a bifurcated view of the present manners in which Alternative Dispute Resolution is already inculcated into the Indian legal framework, by means of a comprehensive breakdown of the aforesaid processes and through juxtaposing them with the global practices so as to understand what we gain to add through such comparison. Moreover, this paper shall be appreciative of the heterogeneity of the various examples of Alternative Dispute Resolution being introduced and administered in criminal matter across the world and shall suggest a framework for achieving such goals on a national scale in the most efficient way possible. Words which may be found in repetition within this work due to its very nature, include, but are not limited to- Alternative Dispute Resolution, Administration, Criminal Justice, Justice, Courts, Parties, Litigation, Settlement, Mediation, Conciliation, Arbitration, Negotiation, Lok Adalats, Code of Criminal Procedure, 1973, Legal Services Authorities Act, 1987, Mediation Act, 2023, Arbitration and Conciliation Act, 1996, UNCITRAL Arbitration Rules, UNCITRAL Model Law, Ancient, Medieval, Modern, Law. Being a relatively unexplored domain of the law, this paper relies heavily on the interpretation of existing statutes, published articles and papers, judgments and historical and canonical scriptures. In a position such as this, the doctrinal study of the foregoing shall result in a better understanding of the nuances of this topic and thus it shall follow the said research methodology. On the very same note, suggestions to the end of better implementation of Alternative Dispute Resolution processes in criminal matter shall be arrived at consequent to thoughtful consideration and on merit of them being proved feasible through this paper by means of comparative analysis.

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