ALTERNATIVE DISPUTE RESOLUTION (ADR): - AN EMERGING FIELD IN INDIA

ALTERNATIVE DISPUTE RESOLUTION (ADR): - AN EMERGING FIELD IN INDIA 

Author: Vishal Bhatia, a student at Law Centre II, Faculty of Law, University of Delhi

ADR stands for Alternative Dispute Resolution, and it is not a field of law in the traditional sense, but rather a set of processes and techniques used to resolve disputes outside of the courtroom. ADR methods are designed to provide parties with a more efficient, cost-effective, and often less adversarial means of resolving their conflicts. It is used in a wide range of legal fields, including family law, employment law, business and commercial law, environmental law, construction law, and more. Many courts and legal systems also encourage or require parties to consider ADR methods before proceeding with formal litigation, as it can save time and resources. A neutral third party, the mediator, helps facilitate communication and negotiations between the disputing parties to reach a mutually acceptable solution or a neutral arbitrator who then make a binding decision based on the evidence and arguments presented. A conciliator assists parties in reaching an agreement, but they may also provide recommendations or proposals to help resolve the dispute. ADR can be an effective way to resolve disputes, but it is essential to understand the specific process and its implications in the context of the legal field you are dealing with.

ADR has gained significant recognition and acceptance in India in recent years. The scope of ADR in India is continually expanding, and it has become an integral part of the Indian legal system. India has enacted several laws and amendments to support and promote ADR. The most notable one is the Arbitration and Conciliation Act, 1996, which governs arbitration proceedings in the country and aligns with international standards. Additionally, the Commercial Courts Act, 2015, encourages parties to consider mediation before filing a commercial dispute in court. Indian courts have implemented court-annexed ADR mechanisms, such as mediation centre and lok adalats (people's courts), where parties are encouraged to resolve disputes before going to court. Many high courts have established mediation and conciliation centres to facilitate ADR processes. Mediation is gaining popularity in India, especially in family law, commercial disputes, and labour disputes. The Mediation and Conciliation Project Committee (MCPC) of the Supreme Court of India plays a significant role in promoting and regulating mediation. Arbitration is widely used in India to resolve commercial disputes. The country has seen an increase in institutional arbitration with organizations like the Indian Council of Arbitration (ICA) and the Mumbai Centre for International Arbitration (MCIA) providing arbitration services. The Consumer Protection Act, 2019, emphasizes the use of mediation and other ADR methods to resolve consumer disputes. Various institutions and organizations offer training and certification programs for mediators and arbitrators in India, contributing to the growth of ADR practitioners. The Indian government has been actively promoting ADR through initiatives like the "Make in India" campaign, which encourages foreign businesses to consider India as a hub for dispute resolution. The use of technology, typically the internet, to facilitate the resolution of disputes, and online dispute resolution (ODR) platforms are being explored and implemented in India to enhance access to justice and streamline dispute resolution processes, particularly in e-commerce and digital transactions. It is important to note that while ADR processes can be legally binding (such as arbitration), they are generally consensual, meaning that all parties must agree to participate.

In summary, the scope of ADR in India is extensive and continues to evolve. It has become an essential part of the legal landscape, offering parties flexible and efficient options for resolving disputes. With legislative support and growing awareness, ADR is likely to play an even more prominent role in the Indian legal system in the future.