Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations


Khalid Ali Khan Afridi, Undergraduate student at PSIT Kanpur


Alternative Dispute Resolution (ADR) mechanisms have gained significant importance in India as an alternative to traditional litigation methods for resolving disputes. This research paper aims to critically analyze the effectiveness of ADR mechanisms in the Indian context and highlight their advantages and limitations. The paper begins by providing an overview of the ADR mechanisms commonly used in India including negotiation mediation arbitration and conciliation. It explores the legal framework governing ADR in the country with specific emphasis on the Arbitration and Conciliation Act of 1996 and the Mediation and Conciliation Rules of 2004. Firstly, it evaluates the accessibility of ADR mechanisms and analyzes whether they provide a cost-effective and time-efficient alternative to litigation. Secondly the paper explores the level of awareness and acceptance of ADR among various stakeholders including legal professionals, judges and litigants. It also delves into the role played by the Indian judiciary in promoting ADR and reducing the burden on courts. Additionally, the research paper critically evaluates the efficiency and enforceability of ADR outcomes in India. It analyzes the credibility and impartiality of ADR practitioners the quality of their training and accreditation and the enforceability of ADR awards and settlements. Furthermore, the paper considers the role of technology in supporting ADR processes and the potential challenges associated with its implementation. The paper also highlights the advantages of ADR mechanisms in India such as confidentiality flexibility and preserving relationships between parties. Lastly, the research paper identifies certain limitations and challenges that hinder the widespread adoption of ADR mechanisms in India. These include a lack of awareness and education resistance from certain sections of the legal community inconsistent judicial support and the need for a robust infrastructure to support ADR processes. This research paper provides a comprehensive analysis of the alternative dispute resolution mechanisms in India exploring their effectiveness advantages limitations and the challenges they face.

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