Bridging The Gap To Swift Justice: A Comprehensive Analysis Of ADR Mechanisms In Conjunction With Section 89 Of The CPC For Effective Dispute Resolution
- IJLLR Journal
- Sep 24
- 2 min read
Abhay Aneja, Symbiosis Law School, Pune
ABSTRACT
This research paper critically evaluates the efficacy of different types of Alternative Dispute Resolution (ADR) mechanism namely arbitration, mediation, and conciliation within the legal framework established by the Code of Civil Procedure, 1908 (CPC). ADR facilitates a collaborative and an amicable approach to dispute resolution that prioritizes relationship preservation while alleviating the judicial burden, minimizing litigation costs and the prolonged delays. This study investigates the impact of ADR integration on the efficiency and timeliness of dispute resolution of various subject matters, with particular emphasis on jurisdictional complexities associated with international commercial arbitration and procedural delays that may compromise its effectiveness. The objectives of this research encompass a thorough assessment of the efficacy and effectiveness of ADR under the CPC and the Arbitration and the Conciliation Act, 1996, a comparative analysis of ADR and conventional litigation along with that the comparative analysis of ADR Legislation relating to the various mechanisms prevalent in India and United Kingdom , and an exploration of the challenges that are faced in the incorporation of ADR mechanisms within the existing legal infrastructure. The findings reveal that, despite the intent to expedite resolution processes, significant deficiencies are prevalent within the CPC especially concerning international disputes and the enforcement and recognition of the international awards passed during the international commercial arbitration resulting in procedural complications and enforcement challenges. To enhance the ADR framework, the paper proposes recommendations that include increasing public awareness of ADR benefits, establishing an independent regulatory body to oversee mediation processes, and amending Section 89 of the CPC to rectify jurisdictional ambiguities. Ultimately, this research advocates for a streamlined and effective ADR process that aligns with judicial principles, thereby promoting equitable and timely access to justice with that the judiciary must play a pro- active role in referring the parties to amicably resolve the disputes in matters related to commercial nature and the matrimonial nature. The 222nd Law Commission Report focusing on the efficacy and public awareness on ADR mechanisms. This study also focuses on the judiciary playing a pro-active role in implementing the ADR mechanisms and an exclusion of the jurisdictional seat in the contract between the parties.
Keywords: Alternative Dispute Resolution, Comparative Analysis, Effectiveness, India United Kingdom, Dispute Resolution Mechanisms and Jurisdictional Issues.
