The Development and Progression of Alternative Dispute Resolution (ADR) In India

Abstract

The journey of Alternative Dispute Resolution (ADR) in India can be traced back to ancient times when indigenous and community-based dispute resolution mechanisms thrived. These informal systems were characterized by mediation, arbitration, and consensus-building, reflecting the rich cultural diversity of the nation. However, as India evolved politically and socially, formal legal systems, such as litigation, took precedence. The resurgence of ADR in India can be attributed to several factors. The overcrowded judicial system, the exorbitant costs associated with litigation, and the need for expeditious resolution of disputes played a pivotal role in reviving interest in ADR methods. The Arbitration and Conciliation Act of 1996 served as a landmark legislative development, aligning Indian arbitration practices with international standards and promoting institutional arbitration. The Evolution of Alternative Dispute Resolution (ADR) in India represents a significant transformation in the country's legal landscape. This paper provides a concise overview of the historical development and key milestones in the adoption of ADR methods in India and provides a glimpse into the multifaceted journey of ADR in India, highlighting its historical roots, legislative milestones, judicial support, and its expanding role in modern dispute resolution. The evolution of ADR in India reflects a nation's commitment to fostering efficient, cost-effective, and accessible alternatives to traditional litigation.