ALTERNATIVE DISPUTE RESOLUTION (ADR)

NEWS

• India is emphasising Alternative Dispute Resolution (ADR) to address massive case backlogs and delays in the justice system.
• The total number of pending cases in India is 4.57 crore; Supreme Court: 81,768, High Courts: 62.9 lakh.
• ADR is seen as faster, cost-effective, socially inclusive, and aligned with India’s civilisational ethos (Panch Parmeshwar).

HIGHLIGHTS

Constitutional and Legal Basis of ADR

• Article 39A: State must provide equal justice and free legal aid.
• Section 89, Code of Civil Procedure 1908: Encourages arbitration, conciliation, mediation, and judicial settlement (Lok Adalat).
• Arbitration and Conciliation Act 1996 (amended 2021): Provides legal framework for binding arbitration in civil and compoundable criminal disputes.
• Indian Arbitration Council: Established to regulate arbitration agreements.
• Time-bound resolution: Maximum 180 days prescribed for dispute resolution.

 How ADR Works in India

• Mediation: Parties engage in discussion; if dissatisfied, can exit after two sessions.
• Pre-litigation mediation: Prevents court backlog, strengthens social relationships.
• Lok Adalats:
  • Governed by Legal Services Authorities Act, 1987.
  • Types: Permanent Lok Adalat (Section 22-B), National Lok Adalat, e-Lok Adalat.
  • Decisions are final, no appeal, but dissatisfied parties can file a court suit.
  • First Lok Adalat organised in Gujarat, 1999.

Benefits of ADR

• Provides justice in accessible language.
• Protects social sentiments and relationships.
• Reduces court backlog and delays.
• Encourages interpersonal consensus aligned with constitutional and social norms.

 Case Backlog and Judicial Challenges

• India Justice Report 2025: Pending cases exceed 5 crore; High Courts and district courts have 33% and 21% vacancies respectively.
• High workload: Judges in UP, Himachal Pradesh, Kerala have >4,000 cases each.
• Many cases have been pending over 10 years.
• States with highest backlog: Andhra Pradesh, Uttar Pradesh, Bihar.

 Significance for Effective Justice Delivery

• ADR ensures faster dispute resolution and reduces delays.
• Strengthening ADR is essential for per capita justice delivery.
• Supports judicial reforms, aligns with global best practices, and improves social cohesion.