Justice Beyond Indian Courts: The Role Of ADR In Justice Delivery
Osia Varghese, REVA University, Bangalore
ABSTRACT
The pendency of cases in the Indian courts seriously affected the delivery of justice. When the mainstream court system faced bottlenecks in timely adjudication, the idea of Alternative Dispute Resolution (ADR) was emphasised and entertained. ADR is the settlement of disputes through dispute resolution channels that are outside the court. Such mechanisms enjoy the benefit of flexibility, confidentiality, and feasibility. The current article tries to trace the legislative framework of ADR in India and the benefits of ADR mechanisms. The paper also evaluates the role ADR plays in justice delivery by evaluating the drawbacks of the traditional court system. Dispute resolution through mediation, conciliation, arbitration and Lok Adalat aims for a cost-effective, time-effective, flexible, confidential, and less complicated process resulting in a win-win situation. Though its proper implementation will be fruitful for justice delivery, issues like improper infrastructure facilities, lack of training of skilled persons, questions as to the enforceability of the decision made, and the authority of the third party pose serious challenges. This paper aims to discuss such challenges and aid in formulating a suggestion for improvement.
Keywords: Alternative Dispute Resolution (ADR), Justice, India, Court, Law.
