Role Of ADR In Reducing The Burden Of The Courts In India

Sanjay Rakul R, Advocate, Madras High Court

ABSTRACT

The Indian judicial system is one of the oldest and largest in the world, with a complex and hierarchical structure of courts. It has a long history of court litigation, with a large number of cases pending in various courts across the country. The system is burdened with a backlog of cases, with over 30 million cases pending in various courts as of December 2021, according to data from the National Judicial Data Grid (NJDG) and this scenario has resulted in the need for more judges, court staff, and infrastructure, which had put a strain on the Indian economy and has been a major challenge for the Indian Judiciary in rendering justice which takes decades to be resolved. 'Justice Delayed is Justice Denied'. The judicial infrastructure is inadequate and on the verge of collapsing. An innovative alternative mechanism needed to be provided to meet the needs of society. A novel system of alternative dispute resolution (hereafter referred to as ADR) has been introduced. But how will the various forms of ADR help reduce the burden on the judiciary? Has this mechanism proven to be effective, and has the Legislature made any changes in this regard? Alternate Dispute Resolution (ADR), which has emerged as an effective means to the current scenario and plays a significant role in reducing the burden of the courts by providing an alternative way of resolving disputes without the need for a formal trial and includes various methods such as mediation, arbitration, negotiation, and conciliation, can aid the court by providing a quick, cost-effective, and more private alternative to court litigation that allows parties to have more control over the outcome of their disputes and can help preserve relationships between them when compared to a normal trial. This paper aims to explore the role of ADR, "the preferable choice" of dispute resolution, in reducing the burden of courts in India and its impact on the Indian judicial system, as well as suggestions for its improvement. This article will critically analyze the effectiveness of alternative dispute resolution mechanisms as compared with traditional dispute resolution mechanisms in terms of speedy justice delivery, etc., and also discuss the relevance of ADR with the Constitution, the Code of Civil Procedure of 1908, and the concept of plea bargaining in criminal proceedings. This paper ends with the conclusion that the ADR method of dispute resolution is more effective than traditional methods, and suggestions and recommendations will be highlighted at the end of the paper.

Keywords: Indian Judiciary, the pendency of cases, ADR (Alternative Dispute Resolution), reducing burden, effective method.