Gurroop Cheema, O.P. Jindal Global University
In the past few years, Alternate dispute resolution mechanisms, especially Mediation, has gained traction worldwide. There were many reasons for the evolution of ADR mechanisms. The prime one was the multitude of cases brought before the courts. Secondly, the adversarial system is time consuming and requires a lot of expenses as well and many a times the disputes require quick resolution, which is not possible under that system Further, the adversarial system was viewed by many as plagued by inherent characteristics that led to unfair results on many occasions. 1 The adversarial system has also been subject to critique by a lot of feminists, because of its inherent nature of gender inequity and power imbalances. The very fact that the judicial system was comprised of a much larger representation of males was seen to effect the manner in which the system functioned and the results it arrived at.2 The various alternate dispute resolution mechanisms, especially mediation were thus developed to overcome these pitfalls of the adversarial system. ADR in general, and mediation as a form of it in particular, is regarded by many as empowering in the sense that it encourages the parties to take charge of their dispute and become autonomous decision makes with regard to its resolution.
