Digitization of ADR in India Post-COVID: Temporary Fix or Paradigm Shift?

Abstract

The COVID-19 pandemic ushered in an era of accelerated digitization across the legal landscape, with Alternative Dispute Resolution (ADR) mechanisms experiencing a swift and unprecedented shift from traditional, in-person processes to virtual formats. Arbitration, mediation, and conciliation proceedings were rapidly adapted to digital platforms as an emergency response to ensure continuity of justice. However, three years on, the question remains: was this transformation a temporary fix, or has it triggered a paradigm shift in how ADR will operate in India?

This research critically examines the trajectory of digitization in ADR post-COVID, evaluating both its functional viability and systemic implications. The paper begins by mapping the timeline of technological adoption within ADR institutions and forums in India, including online arbitration centers and court-annexed mediation programs. It then assesses the legislative and procedural accommodations made to facilitate virtual proceedings, such as amendments in institutional rules and judicial support through key judgments.

A doctrinal and policy-oriented analysis is conducted to explore the efficacy, accessibility, and enforceability of digital ADR. Issues surrounding digital equity, cybersecurity, procedural fairness, and the preservation of confidentiality are analyzed in detail. Furthermore, the research investigates whether digitization has substantively enhanced access to justice, particularly for parties located in remote or underserved regions—or whether it has deepened the digital divide.

Drawing from comparative practices in jurisdictions such as Singapore, the UK, and the EU, the paper assesses India’s position in the global ADR ecosystem and examines whether the post-pandemic digital infrastructure can support long-term institutionalization of online ADR. The study concludes with forward-looking policy suggestions for sustaining a hybrid or fully digital ADR model that balances efficiency, equity, and procedural integrity.