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Reimagining Administrative Justice: The Role Of ADR In Citizen-State Dispute Resolution




Dwarak S, Srilakshmi V & Swaminathan S, VITSOL, Chennai


ABSTRACT


The increasing complexity of modern governance in India has led to a surge in administrative disputes between the citizen and government officials. These disputes often have no resolution in sight because traditional adjudicatory mechanism like courts, tribunals often suffer from procedural delays, rigidity, and limited citizen participation. This is where Alternative Dispute Resolution mechanisms such as – Arbitration, Mediation, Conciliation come in to play as they offer a pragmatic solution. However, the application of ADR mechanism in administrative disputes remain underdeveloped, despite its evident success in commercial matters.


This paper aims to examine the feasibility and implications of incorporating ADR mechanisms in adjudicating administrative matters. Adopting a doctrinal and comparative approach, it analyses statutory frameworks, judicial trends, and global models from jurisdictions such as the United Kingdom, Canada, and the Netherlands. The study finds that ADR can promote efficiency, accessibility, and citizen trust in governance, provided it is supported by safeguards ensuring fairness and transparency. It also identifies key challenges, including power imbalance between state and citizen, the need for neutrality in mediators, and the tension between confidentiality and public accountability.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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