Redrawing Justice - The Role Of ADR In Delivering Justice

Author: LawSphereX

Category: General Law

Published: 2026-08-23T20:51:56.743244+00:00

Updated: 2026-08-26T17:09:51.793+00:00

REDRAWING JUSTICE: THE ROLE OF ADR IN

DELIVERING JUSTICE

Brunda Konakondla, O.P. Jindal Global Law School (JGLS)

INTRODUCTION

In the world’s largest democracy, access to justice remains a fundamental aspect of the rule of law making sure that all individuals can claim their legal rights challenging any violations thereby seeking justice. The pillars to a successful justice system are grounded in principles of equality, fairness, and accountability. By resolving matters lawfully, empowerment of citizens and social harmony go hand-in-hand. Thus, a country without justice erodes public confidence in the government. Despite its comprehensive legal framework, Indian judiciary faces setbacks that impede access to justice. One of the most concerning issues is the huge backlog of cases with numerous on hold at different levels of the judiciary. This pending of case results in justice being delayed with lengthy trial durations, and thus the adage, “Justice delayed is justice denied.

” Additionally, the high litigation fees pose a wall for the marginalised and economically disadvantaged communities. Legal costs, court charges and other expenses make justice a privilege than a universal right, furthering societal inequalities. The procedural complexity of Indian law exaggerates the problem, with its rules and formalities, making it difficult for common man to navigate through the Indian legal system without professional assistance. Moreover, being a diverse country, Indian population face linguistic and cultural barriers amongst themselves, thereby alienating individuals from the formal justice system. Together, these challenges make it difficult to seek timely, affordable and fair justice. In order to address these issues, Alternative Dispute Resolution (ADR) arises as a transformative system to lift the pressures on courts.

With a pragmatic approach, ADR is crafted to resolve disputes outside conventional courtroom atmosphere. Serving as a critical adjunct to the traditional setting of the judiciary, ADR improves access to justice through expeditated resolutions, diminishing financial burdens on parties with less formal procedures, contextsensitive solution, amicable settlements, and less adversarial platform thereby promoting inclusivity and accessibility. Thus, ADR ensures justice, reaffirming the Indian legal system’s role as the guardian of justice.

This paper follows a step-by-step analysis by expanding on history and legislative framework, ADR mechanisms in India, pros and cons of ADR through real life applications, precedents and legal perspectives, contemporary issues, and recommendations. The exposition of this subject is carried out in six parts. Part I outlines the concept of Indian judiciary, it working and the evolvement of informal justice systems. Part II deals with the various types of ADR approaches like arbitration, mediation, conciliation, negotiation, and Lok Adalat. Part III lays down the advantages and disadvantages of ADR. In light of recent developments surrounding speedy justice, Part IV delves into contemporary issues and innovations in ADR alongside precedents that have promoted dispute resolution though out-of-court settlements, and opinions of legal scholars.

Part V provides recommendations to integrate ADR into mainstream legal education, raising awareness and encouraging private-public partnerships. Lastly, Part VI gives a conclusion to the paper, highlighting the key arguments and insights discussed throughout the paper by tying together the analysis and delivering a final resolution to the paper.

PART I- BLUEPRINTS OF HISTORY AND THE NEXUS OF LEGISLATION

Dispute Resolution in India can be seen from the times of Panchayati Raj system in premodernisation, where village elders also known as councils resolved issues within their communities through principles of natural justice and equity. Revolving around reconciliation, these Panchayati Raj institutions acted as democratic governance bodies. However, colonial rule marginalised these systems as British legal institutions assumed primacy, often leaving access to justice beyond the reach for local populations. Post independence, India attempted to reconcile its ancient traditions alongside the formal legal mechanism, keeping in mind the limitations of contentious legal process, by constitutionally reinstating the Panchayati Raj system through the 73rd Amendment in 1992.

1 Lok Adalat and Nyaya Panchayats were established to formalise traditional dispute resolution practices within the modern judicial framework. After imperial rule, India recognised the growing need to address the backlog of cases in courts while providing a cost-effective method for speedy resolution. The Lok Adalat system was institutionalised by the Legal Services Authorities Act 1987 which sorted out issues informally and effectively. 2 Also known as ‘People’s Courts’, Lok Adalat serve as a means to decongest courts and provide alternatives for conflict resolution. These courts are headed by retired judges, social workers and legal practitioners, thereby encouraging parties to arrive at a

1 K. Mathur, Panchayati Raj Institutions and Governance in India (1997).

2 Legal Services Authorities Act, No. 39 of 1987, India Code (1997).

mutually beneficial solution without any procedural complexities. With these mechanisms offering affordable and less formal models of redressal, they have been key in ensuring access to justice, especially for the marginalised. 3 In rural India, Nyaya Panchayats function as decentralised quasi-judicial bodies that resolve conflicts within the region. Founded on local customs and practices, they affirm swift and culturally relevant decisions. While Nyaya Panchayats have been uneven in urban areas, they are prevalent in rural parts of India, where the population may not have easy access to formal institutions of justice. 4 These entities highlight India’s endeavour to safeguard traditional justice agencies while incorporating them into the contemporary legal system.

With the establishment of the Arbitration and Conciliation Act, 1996, ADR has gained substantial momentum in India with its design to provide alternatives to litigious approach to seeking justice. 5 The Arbitration and Conciliation Act 1996 aligns with global standards like the UNCITRAL Model Law on International Commercial Arbitration and lays down a structured process for dispute settlement through arbitration and conciliation, uplifting autonomy and minimising court intervention. The aim of the act is to “provide an efficient, streamlined and less court interfering framework for arbitration and conciliation, facilitating both domestic and international dispute resolution. ”6 Introduced in 2002, Section 89 of the Civil Procedure Code (CPC)7 further formalised ADR by mandating formal judicial systems to consider ADR before proceeding with litigation.

8 The National Legal Services Authority (NALSA) formed under the Legal Services Authorities Act,1987, has played a vital role in advocating ADR, mainly Lok Adalat. 9 Through projects like Mega Lok Adalat, NALSA has settled numerous cases, thereby reducing the burden of judicial backlog. 10 It also strives to maintain an inclusive and equitable justice system where access to such informal justice frameworks is denied to none, including the economically and socially marginalised groups.

PART II- ADR: THE INTERPLAY OF TRADITION AND MODERNITY IN JUSTICE

Alternative Dispute Resolution has become an important tool in providing alternative justice 3 R. Sharma, The Evolution of ADR Mechanisms in India: A Review, 14 Indian J. Legal Stud. 45, 45–62 (2022).

4 P. Sharma, Nyaya Panchayats in India: Bridging Tradition and Modernity (2010).

5 Rajya Sabha Report, Arbitration and Conciliation Bill, 1995 (1995).

6 Arbitration and Conciliation Act, No. 26 of 1996, India Code (1996).

7 Code of Civil Procedure, § 89 (1908) (India).

8 Law Commission of India, 129th Report (1988).

9 NALSA, Annual Report (2023).

10 S. Bhushan, Access to Justice through ADR: NALSA's Initiatives (2022).

mechanisms to traditional litigation. As per the National Judicial Data Grid (NJDG), the pending cases in Indian courts has reached grave proportions, with over forty million cases undecided across various levels of the judiciary. 11 ADR encompasses a variety of resolution systems, each catering to different types of conflicts. The key forms of ADR in India include arbitration, mediation, conciliation, and Lok Adalat, however, negotiation, judicial settlement, and Online Dispute Resolution (ODR) are also recognised. These processes enable parties to resolve matters amongst themselves amicably in a less formal manner. While arbitration is widely used in commercial disputes, mediation and conciliation have gained popularity in family law as well as consumer protection matters.

Arbitration involves a binding decision by an arbitrator while mediation and conciliation are processes where a neutral third party resolves the dispute by helping both the parties reach a mutually agreeable stance. Conciliation has gained limelight in pre-litigation resolution, especially with the Consumer Protection Act 2019 mandating conciliation in resolving consumer grievances before they escalate into legal battles. 12 Negotiation serves as the most flexible ADR system, widely seen in familial matters where personal relationships and emotional elements play an essential role, Lok Adalats, discharge justice mainly in rural areas and judicial settlements, deal with out-of-court agreements. They present an avenue to solve a wide array of cases ranging from petty civil disputes to family matters.

Finally, the rise of ODR can be seen in and post COVID-19 pandemic underscoring the need of digital platforms in the ADR tapestry. Collectively, these options, despite their strengths and challenges, promote a vision for a more effective judiciary in India.

PART III- BALANCING SCALES: THE PROMISES AND PERILS OF ADR

ADR plays a pivotal role in Indian judiciary, via its means of resolving disputes in informal settings thereby reducing the backlog of cases with cost effective and speedy justice. While the major advantage of ADR is its speedy resolution, unlike formal courts it acts as cost-effective and efficient mode of justice. In a huge democracy like ours, ADR is particularly beneficial in improving the Indian legislative system that often causes delays which can stretch for years.13 Since ADR mechanisms have very few procedural formalities, they incur low fees as compared 11National Judicial Data Grid, Ministry of Law & Justice, Government of India, available at https://njdg.ecourts.gov.in/njdg_v3/ (last visited June. 8, 2025).

12 Consumer Protection Act, No. 35 of 2019, India Code (2019).

13 Mark Fotohabadi, Advantages and Disadvantages of ADR, ADR TIMES, https://adrtimes.com/advantages-anddisadvantages-of-adr/ (Sept. 1, 2022).

to formal litigation, which is usually expensive even for the upper middle class. Thus, ADR has become a viable option for both individuals and businesses wishing to resolve conflicts without any financial distress. Flexibility is another attractive pro of ADR. Unlike rigid court proceedings, ADR allows parties to have more control over the process. This can be clearly seen in mediation where an informal cooperative strategy is used so as to bring the parties to a common agreement than the mediator imposing a decision. This versality is valuable in matters such as family law, where parties usually have a continuous relationship like divorce or child custody battles, and the ideal aim is to find a solution while maintaining personal relationships.

14 Since, arbitration and conciliation deal with commercial and consumer issues, they are more structured in contrast to mediation, yet provide parties with a degree of flexibility with regard to procedural rules and timelines. Moreover, they allow the concerned parties to choose their own neutral third party, leading to greater satisfaction with the entire process and outcome. ADR with its easy access to justice promotes inclusivity for marginalised communities where traditional litigation is usually viewed as a daunting luxury for individuals who come from rural areas or have an economically disadvantaged background. Taking this into account, Lok Adalats are devised to solve disputes informally, providing a forum for those who do not have the means to approach the formal court system.

Thus, by lowering the implements to justice, ADR ensures that every individual has the opportunity to resolve matters without any discrimination or systemic disadvantages. Albeit the numerous advantages of ADR, there also exist significant drawbacks to these informal justice systems. 15 One of the major hurdles is the lack of training and awareness of arbitrators, mediators, and conciliators. While ADR can be seen in effective in urban areas, there remains a shortage of professionals in rural areas. Through proper training, one can avoid unbalanced or flawed outcomes. 16 Adding on, while there have been efforts to establish training programmes for ADR practitioners, the quality and consistency of these campaigns remain uneven across the country.

14 R. Singh, ADR in India: Legislative Framework and Case Studies (2008).

15 Sterling Miller, Problems and Benefits of Using Alternative Dispute Resolution, LEGAL,

https://legal.thomsonreuters.com/en/insights/articles/problems-and-benefits-using-alternative-dispute-resolution (Apr. 29, 2022). 16 A. Singh, Mediation and Conciliation: Bridging the Gap in Access to Justice, 9 J. Alternative Disp. Resol. 23, 23–38 (2023).

The lack of enforceability in ADR is another prominent challenge in such informal settlements where only with voluntary adherence of both the parties will the outcome be of a binding nature. Thus, this limitation undermines the scope of ADR to bring lasting resolutions to conflicts. In some cases, the effectiveness of ADR can be questioned when power dynamics are involved. This can be seen in Lok Adalat where an influential party may exert undue pressure on less powerful individuals. In these circumstances, the neutrality of the ADR practitioner can be compromised resulting in biased or unjust outcomes. It is important for ADR systems to maintain equilibrium between neutrality and such unequal power relations to guarantee a fair treatment of all parties.

Despite these challenges, application of ADR in India has shown mediation to be an effective tool in resolving disputes in matrimonial cases helping couples to reach amicable settlements. Likewise, consumer forums have seen conflict resolution between consumers and businesses in a timely and cost-effective manner. Therefore, one can state that ADR mechanisms have two sides of the coin with each emphasising its effectiveness and constraints respectively. Promoting the merits and addressing the demerits is crucial for the continuity of ADR as an equitable alternative to litigation. Hence, with reforms and enforcements, ADR can take upon a central role in sharing the burden of the legal system all the while safeguarding the right to judicial recourse for all.

PART IV- BENCH TO SOCIETY: LEGAL PRECEDENTS MOULDING MODERN

DISCOURSE

The rise in technology has significantly transformed the field of dispute resolution in the sphere of ADR. A significant innovation in ADR is the emergence of Online Dispute Resolution (ODR), which has gained recognition in response to COVID-19 pandemic. 17 The pandemic, an unfortunate global crisis, highlighted the necessity for an efficient and accessible mode to conflict resolution while following social distancing and public health protocols. By leveraging digital platforms to conduce dispute resolution remotely, one can understand its importance during such times of global calamity. This method has proven to be effective in cases of lowto-medium claims where parties interacted through video conferencing and shared documents through digital mediums.

This extensibility of ODR platforms has allowed the settling of a large number of cases while maintaining fast, cost-effective solutions. ADR has also made

17 Ministry of Law & Justice, Online Dispute Resolution (ODR) Framework (2020), Government of India.

significant impacts in environmental and human rights cases where the flexibility of these informal systems makes it suitable to solve such complex and sensitive matters taking into consideration the longstanding relationships of parties and the need for more than just a legal solution. In case of environmental cases, especially those comprising of cross border matters, ADR has been adopted to resolve these dilemmas without proceeding to litigation. One such renowned example is the Gabcikovo-Nagymaros Project (1997) between Slovakia and Hungary which demonstrates the use of mediation and negotiation in resolving intricate environmental disputes.

The emphasis of amicable agreements over adversarial proceedings provides a venue for sustainable solutions in context of human rights cases, by including local customs, community-based approaches, and humanitarian reflections, making this a potential resource in tackling human right violations. 18 ADR has gained significance in rural areas where Lok Adalat have been fortified and paralegal volunteers are trained to improve the availability of legal recourses. Recent judgements have also left an impact in shaping ADR setting in India. 19 In Amazon. com NV Investment Holdings LLC v Future Retail Ltd and Ors, the Supreme Court held the enforceability of emergency arbitration awards under the Arbitration and Conciliation Act 1996, denoting a pivotal moment in reinforcing India’s arbitration framework. 20 Along the same lines, PASL Wind Solutions Private Limited v.

GE Power Conversion India Private Limited broadened the range of party autonomy in arbitration, permitting parties to choose a foreign arbitration seat despite the concerned parties being Indians. 21 Such cases shed light upon the evolving judicial backing for ADR in India, guaranteeing their enforceability and solidifying their position for wider acceptance of alternative dispute resolution systems internationally. 22 Internationally, ADR persistently advances as seen in cases like Mitsubishi Motors Corp v. Soler Chrysler Plymouth, Inc23 and Rusal v. Ghana Aluminium Co. 24 In the aforementioned cases the U. S.

Apex Court upheld the enforceability of arbitration clauses in antitrust disputes, highlighting the preference of arbitration in resolving complicated commercial issues and the UK courts displayed a proarbitration stand by accepting arbitration awards even in light of procedural irregularities, further consolidating arbitration as a credible stage for dispute resolution. The International

18 Gabčíkovo-Nagymaros Project (Hungary/Slovakia), Judgment, 1997 I.C.J. 7 (Sept. 25).

19 Supreme Court of India, Annual Report (2022).

20 Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. & Ors., (2021) SCC OnLine SC 1000 (India).

21 PASL Wind Solutions Pvt. Ltd. v. GE Power Conversion India Pvt. Ltd., (2021) 1 SCC 78 (India).

22 O.P. Malhotra & Indu Malhotra, The Law and Practice of Arbitration and Conciliation in India (2020).

23 Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614 (1985).

24 Rusal v. Ghana Aluminium Co., (2021) 1 Arb. L. Rep. 45.

Court of Justice (ICJ) made an advisory opinion on the Chagos Archipelago issue showcasing the weight of peaceful conflict resolution, even in international affairs related to decolonisation.25 Thus, these precedents spotlight the effectiveness of ADR in multiple jurisdictions and its ability to settle problems without resorting to litigation.

PART V- HARMONY AND CONSENSUS

To ensure ADR is utilised in the future, it is crucial to integrate it into mainstream legal education so as to promote such informal systems for conflict resolution. By making ADR courses a core credit subject in law school curriculum, the next generation of lawyers and policymakers will not only be familiar with litigation but also various out-of-court mediums of justice. This perspective would stress upon practical training like mock arbitration and negotiation competitions, exposing students to real-life dispute resolution. An interdisciplinary approach to ADR by collaborating with technology, psychology and business faculties could expand students’ interpretation of ADR while indirectly helping them handle multifaceted disputes. Institutions could also set up ADR clinics and internships at ADR centres, helping students to learn from a hands-on experience.

26 A reform in legal education which prioritises ADR will align the dreams of aspiring lawyers with the changing demands of the Indian justice framework. ADR awareness campaigns also aid in bridging the gap between its scope and public opinion. While Lok Adalat have made a considerable progress in remote areas, many groups still remain unaware of these easily accessible and cost-effective systems. This knowledge of ADR platforms can be expanded with the help of government as well as nongovernmental initiatives with the primary objective of educating people about the merits of ADR and its cooperative process. Campaigns could be in the form of workshops, symposiums, community meetings and innovative digital outreach, specifically tailored to the needs of different areas.

Collaborative programs between the government and private tech companies can increase the accessibility of ODR programs to a larger audience, creating multilingual, user-friendly forums with top notch security features to safeguard sensitive data. Any funding from private entities could be used to support the training of ADR practitioners thus making ODR the crux of India’s ADR structure, integrating geographical as well as infrastructural barriers to deliver justice. Additionally, a national database could be set up for ADR cases, 25 Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, Advisory Opinion,

2019 I.C.J. 95 (Feb. 25).

26 R. Sharma, Legal Services and Rural India: Strengthening ADR Mechanisms (2023).

improving transparency, accountability, and research in this sphere. With a centralised repository, one could easily track success rates, enforceability, and trends in conflict resolution providing meaningful insights to policy makers, practitioners, scholars, and advocates to simultaneously refine and improve ADR practices. Lastly, international tie-ups with global arbitration hubs like Singapore, U.S.A and the U.K could help to widen ADR potential and borrow the most effective practices in these jurisdictions, thereby using them according to the socio-cultural context prevalent in the Indian subcontinent.27 Fostering ADR through these recommendations resonates with India’s vision of enhancing access to justice through alternative informal justice systems in a dynamic socio-economic backdrop and are integral to fulfilling the needs of a diverse country.

PART VI- CONCLUSION

ADR plays an indispensable role in promoting equal justice, especially in a legal system like ours where there is an excessive burden of backlogs and procedural delays. As times evolve, ADR emerges as a feasible option to avoid traditional litigation thereby opening doors for a more accessible, affordable, and speedy resolution. Equal access to justice can be achieved by addressing systemic inefficiencies allowing marginalised communities to approach ADR with the intention of having a fair judicial process. ADR’s flexibility in accommodating to the needs of the society displays its potential to lift the pressures of courts and creating a better legal system. However, for an efficient ADR mechanism in India, it is necessary to find a balance between formal and informal justice frameworks.

By providing a space where both approaches to justice can complement each other, a cohesive setting can be established for effectiveness in India’s legal discourse. Raising awareness, professional training, legislative support, innovation through technology, and implementation in legal education can enhance ADR’s accessibility and success. For ADR to become central, constant reforms are essential. With support from policy makers, advocates, and other such stakeholders, ADR can bring about change to the legal tapestry for a modern India. Thus, ADR acts as a crucial force that links formal and informal justice paradigms, merging statutory formalities with culturally attuned practises for dispute resolution.

27 H.E. Chodosh, Global Justice Reform: A Comparative Methodology (1999).