ADR stands for Alternative Dispute Resolution. It refers to a set of processes and techniques used to resolve disputes outside of the traditional court system. ADR is designed to be faster, more cost-effective, and less formal than litigation, while still allowing parties to reach a mutually agreeable resolution.
The concept of ADR has been present in India for centuries, with traditional forms of dispute resolution such as mediation, negotiation, and arbitration being prevalent in various communities. However, the formalization of ADR as a legal mechanism began in India with the introduction of the Arbitration and Conciliation Act in 1996.
The Act provides for the establishment of arbitral tribunals and the enforcement of arbitral awards, as well as the use of mediation and conciliation in the resolution of disputes. The Act was subsequently amended in 2015 to further promote ADR and make it a more attractive option for parties to resolve their disputes.
In addition to the Arbitration and Conciliation Act, other laws such as the Legal Services Authorities Act and the Commercial Courts Act have also contributed to the growth of ADR in India. The Indian judiciary has also been supportive of ADR and has taken steps to promote its use, including the establishment of specialized ADR centers in various courts.
ADR law is continually evolving in India, with courts and lawmakers striving to refine the rules and procedures for employing ADR. In recent years, there has been a growing emphasis on online dispute resolution, which enables parties to resolve disputes over the internet.
The evolution of ADR in India has been driven by the need to provide faster and more efficient dispute resolution mechanisms, particularly in light of the backlog of cases in the Indian judicial system. ADR has also been seen as a way to promote access to justice for marginalized and vulnerable communities who may not have the means to pursue traditional litigation.
