Trauma In Seeking Justice: Adr As A Source Of Healing To The Aggrieved
- IJLLR Journal
- Oct 4
- 2 min read
Ruthresh Kumaran. M, B.E, MBA, LL.B, M.Sc Psy., LL.B. Hons., Department of International Law and Organization, TamilNadu Dr Ambedkar Law University, School of Excellence in Law, Taramani, Chennai.
ABSTRACT
Justice is not merely a legal entitlement and cure, but also a human experience that has a tremendous impact on the psychological and emotional health of victims seeking it. For most victims and litigants, the formal legal system, with its adversarial process, long delays, expense, and inhumane cross-examinations, multiplies their trauma instead of mitigating it. Survivors of sexual assault, acid attacks, and other vulnerable populations tend to view the justice process as a "second wound," perpetuating feelings of helplessness and distress. In this context, Alternative Dispute Resolution (ADR) has become a significant addition to the mainstream system, providing not just speed but also avenues to healing. The ADR mechanisms like mediation, conciliation, Lok Adalats, and restorative justice provide arenas of interaction, confidentiality, participation, and empathy, enabling parties to recover control and emotional affirmation. Indian efforts with ADR - from family court mediation to victim-offender dialogues - highlight its promise to dampen hostility, facilitate reconciliation, and restore dignity. Yet, challenges remain, such as power disparities, absence of trauma- sensitive mediator training, cultural expectations, and low applicability to some serious offenses.The author contends that a trauma-informed justice framework should incorporate ADR into the larger legal environment. Parliamentary legislations like the Family Courts Act, 1984, the Arbitration and Conciliation Act, 1996, and the Mediation Act, 2023 give a platform, but need institutional backup, compulsory trauma training, and victim-centric services. Basing our ideas on models from other countries, like South Africa's Truth and Reconciliation Commission, the research underscores the necessity of systemic, cultural, and technological advancements to construct a healing-oriented system of justice. Finally, ADR must not substitute formal adjudication but rather supplement it by focusing on the psychological and emotional aspects of justice so that legal proceedings provide dignity, agency, and closure instead of causing harm.
Keywords: Justice, Trauma, Alternative Dispute Resolution (ADR), Trauma-Informed Justice, Healing-Centred Justice.
