Aadya Reeshma Prashanth, O.P. Jindal Global University
ABSTRACT
Every year in India, property disputes clog the courts, accounting for a staggering 76% of pending litigation. Such disputes, often span a number of decades, not only fuelling familial feuds, but also instigating a string of violence in their relation. Just between 2017 and 2021, in Uttar Pradesh alone, 3021 murders have been recorded within the context of disputes over property. In a legal system overwhelmed by inefficiencies and delays, can ADR mechanisms such as mediation and arbitration offer a lifeline? This paper explores the potential of Alternative Dispute Resolution (ADR) mechanisms – such as mediation and arbitration – as a supplementary solution for the resolution of property disputes in a more efficient and equitable manner. Beginning with an overview of property law in India, the challenges posed by traditional litigation is highlighted, such as the delays, financial burdens and the emotional stress that accompany it. The analysis then extends to the limitations of ADR, be it the power imbalances, the issues with enforceability of arbitral awards and concerns with the accessibility of these mechanisms. This coupled with the overall lack of invalidity of ADR as a potential recourse is the reason for the recommendation that ADR be woven into the Indian legal framework. To emphasize the point, the paper then draws comparative insights from Ghana, Singapore, England and Wales, and Australia, examining innovative global ADR practices. Some of these practices are mandatory pre-litigation ADR, decentralized governance and more culturally adapted ADR frameworks. The paper finally concludes by proposing actionable reforms for India, emphasizing the integration of ADR into its legal framework in order to reduce the judicial backlog, enhance accessibility to the different sections of India and deliver swifter justice.
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