The Role Of Professional Ethics In Alternative Dispute Resolution (ADR)

Harshavardhan Rai, BBA LLB, NMIMS Kirit P. Mehta School of Law, Mumbai

I. ABSTRACT

This paper examines the crucial role of ethics in Alternative Dispute Resolution (ADR) and highlights the need for a strong ethical framework in India. ADR processes like arbitration, mediation, and conciliation rely on core values such as fairness, impartiality, confidentiality, and integrity to ensure just and transparent outcomes. The research underscores the ethical responsibilities of ADR practitioners, particularly arbitrators and mediators, in maintaining professional integrity while prioritizing client interests.

Significant gaps in India’s ADR regulatory framework are identified, including the absence of a unified ethical code and weak enforcement mechanisms. Additionally, the lack of formal ethical training for ADR practitioners raises concerns about potential breaches of professional standards. To address these issues, the paper proposes mandatory registration with the Arbitral Council of India and the establishment of regulatory oversight to ensure accountability and prevent unethical practices. In conclusion, the study emphasizes the importance of reinforcing the ethical foundation of ADR through legislative reforms, comprehensive training, and the creation of a regulatory body. These measures are essential to uphold fairness, transparency, and trust in ADR processes, ensuring their continued effectiveness as credible alternatives to litigation in India.

Keywords: Alternative Dispute Resolution, Professional Ethics, Code of Conduct, Ethical Values, Lacunas, Tribunal Decorum.