Alternative Dispute Resolution (ADR):
What is the News? The Union Minister of Law and Justice Arjun Ram Meghwal, recently the Chief Guest at the Indian Council of Arbitration Symposium cum Roundtable on “Bridging Markets, Resolving Disputes through ADR in the India-Singapore Corridor” at Singapore Convention Week 2025(August 27-28, 2025).
The Problem the Judiciary Faces:
India has an enormous backlog of cases:
• Backlogged total: 45,796.239 (NJDG)
• Supreme Court: 81,768
• High Court: ~62.9 lakh cases
Delays lead to injuries to a wide cross-section of society from a backlog of cases and obstacles to the timely provision of civil justice. The cost of justice, or timely justice, increases and is measured in social dislocation or disruption to the community, rather than simply a backlog of cases.
The Intention of the Government:
• There is an intention to address this matter using a framework of legal reform in the context of India’s civilizational ethos.
• Doctrine of Panch Parmeshwar → Consensus amongst the parties to resolve a dispute collectively, rather than resorting a litigation for resolution.
• There is a focus on global partnership to enhance, strengthen, and provide visibility to ADR.
The Constitutional Aspect of ADR:
• Article 39A (Directive Principle of State Policy):
• Facilitating actors to ensure to secure and provide equal justice to all in need of free legal aid.
• Right and Framework of the Law:
• Section 89, Code of Civil Procedure, 1908 → Legally recognised ADR processes.
• Arbitration and Conciliation Act, 1996 (amended 2021):
• First, broadly covers civil disputes and compoundable criminal disputes.
• Secondly, provides for binding awards, decisions, or resolutions.
• Establishes the Indian Arbitration Council.
• The maximum timeline for resolving disputes is 180 days.
• Pre-litigation mediation strengthens the shared living experience; and addressing the issues prevents overloading the courts.
Types of ADR Mechanisms:
1. Arbitration – Private and provisionally binding resolution by an arbitrator.
2. Mediation – Negotiating a facilitated agreement; control stays with parties.
3. Conciliation – Similar to mediation, but the conciliator actively suggests solutions.
4. Lok Adalats – Legal Services Authorities Act, 1987; inspired.