Evaluating The Viability Of Hybrid ADR Models In India: The Case Of Med-Arb And Arb-Med
- IJLLR Journal
- Nov 13, 2025
- 1 min read
Diya Jain, Department of Law, Prestige Institute of Management and Research, Indore
ABSTRACT
India's continuous attempts to restructure its overloaded legal system have highlighted attention on Alternative Dispute Resolution (ADR) as a way to provide prompt, affordable, and accessible justice. In this changing context, hybrid ADR mechanisms, such as Med-Arb or Arb-Med, have emerged as advanced models that aim to combine the binding nature of arbitration with the collaborative spirit of mediation. As a step-by-step procedure, they aim to maximize both party satisfaction and procedural effectiveness. Their applicability in the Indian legal system is still up for debate, though.
Although ADR is generally encouraged and permitted by Indian laws like the Arbitration and Conciliation Act, 1996, Section 89 of the Civil Procedure Code, and the Mediation Act, 2023, they do not provide a clear legal or moral foundation for hybrid approaches. Concerns like confidentiality, voluntariness, neutrality, and the ambiguous responsibilities of practitioners of dispute resolution are still mostly unaddressed. Moreover, ODR technology' explosive growth has resulted in a more complicated regulatory and procedural environment.
This research critically evaluates the legal compatibility, practical constraints, and reformative possibilities of hybrid ADR approaches in India. While acknowledging the potential of hybrid ADR schemes, this study contends that procedural protections, the readiness of the relevant institutions, and some particular legislative reforms are necessary for their success. Thus, the goal is to add to the broader conversation in India about viable alternatives to the customary litigation.
Keywords: Alternative Dispute Resolution, Arbitration, Mediation, Hybrid ADR.
