“Alternative Dispute Resolution (ADR): Concept, Development, Methods, and Role in India”

Abstract

As the judicial system continues to be burdened with increasing litigation, the traditional judicial system is unable to resolve disputes quickly and expeditiously. Years-long court backlogs, high costs, and difficulties in accessing justice challenge the fundamental goal of achieving justice for the common citizen. In this context, Alternative Dispute Resolution (ADR) emerges as the best solution. It is a method that resolves disputes through mutual negotiation and compromise, without resorting to lengthy legal processes. The primary goal of ADR is to resolve disputes "outside the court" in a quick, cost-effective, and amicable manner, ensuring access to justice and the concept of social justice. Mediation is a form of dispute resolution. If two or more parties have a dispute that they cannot resolve on their own, instead of going to court, they can appoint a third party as an arbitrator to resolve the dispute. They can appoint a panel of arbitrators to act as an arbitral tribunal.