Tracking the History of Alternative Dispute Resolution in India

Raghib Naushad and Nabil Iqbal
Faculty of Law, Jamia Millia Islamia, India

Volume III, Issue IV, 2020

In order to carry out the proper functioning of the government, Constitution of India provides its 3 distinct machinery and Judiciary is one of them. The ultimate goal of judiciary is to interpret the Constitution and to resolve disputes between parties. But it’s a well- known fact that despite setting up more than a thousand fast-track courts Indian judiciary is becoming inefficient to deal with pending cases. Since, there was an urgent need of such mechanism which could be generally faster and less expensive than going to the Court, the method of Alternate Dispute Resolution was introduced. Great leaders like Mahatma Gandhi and Abraham Lincoln also advocated and supported the culture of settlement.

The paper has been written with the mixture of Analytical, Expository and Argumentative approach of research. The paper analyses the evolution of the concept of ADR in different span of time. The paper further discusses the approach of judiciary in ADR giving special reference to the present condition of ADR in India (issues after the inclusion of Section 87 in The Arbitration and Conciliation (Amendment) Act, 2019, Babri Masjid Mediation, etc.)

This paper argues that such certainty components can be projected by altering the current problematic provisions of the Arbitration Act, 1940.


 Download Full Paper