Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Alternative Dispute Resolution (ADR).
Context:
India’s justice system faces massive delays with over 4.57 crore pending cases. Alternative Dispute Resolution (ADR) offers a faster, cost-effective, and inclusive approach rooted in India’s Panch Parmeshwar tradition.
Key Takeaways:
Alternative Dispute Resolution:
- Alternative dispute resolution (ADR) includes various ways to settle disagreements without going to court. These methods often involve a third party who helps the parties reach a settlement.
How Long Does It Take to Resolve Disputes Through ADR?
- One of the key advantages of ADR is its potential to resolve disputes more quickly than traditional litigation.
- The Arbitration and Conciliation Act, 1996 (amended in 2021), fixes a maximum period of 180 days for dispute resolution through arbitration, ensuring faster justice.
- While the timeframe for other ADR methods may vary, they generally offer a more expedited resolution process compared to court proceedings.
Constitutional and Legal Basis of ADR:
- Article 39A (Directive Principle): Mandates the State to ensure equal justice and free legal aid.
- Section 89, Code of Civil Procedure (1908): Empowers courts to refer disputes to ADR processes.
- Legal Services Authorities Act, 1987: Establishes Lok Adalats and promotes access to justice at the grassroots level.
- Mediation Act, 2023 (recently enacted) Makes pre-litigation mediation mandatory for certain civil and commercial disputes.
Why Strengthening ADR is Crucial:
Strengthening Faster dispute resolution, Lower legal costs and increased accessibility for citizen and reduces court backlog growth pressure.
ADR embodies India’s traditional ethos of collective harmony, offering timely, affordable justice. Institutionalising it can reduce pendency, enhance access, and rebuild public trust in the legal system.
https://www.thehindu.com/news/national/why-is-adr-crucial-for-indias-courts/article70127894.ece
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