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Trending: Call for Papers Volume 5 | Issue 1: International Journal of Advanced Legal Research [ISSN: 2582-7340]

ALTERNATE DISPUTE RESOLUTION: A SUPPLEMENT, NOT A SUPPLANTATION – Uneza Khan

Abstract

ADR also known as Alternate Dispute Resolution is a process of formal dispute resolution in which the parties in dispute meet with a ‘third party’ who professionally helps in resolving their dispute. For instance, in mediation a mediator, in arbitration an arbitrator. ADR is used to describe a various dispute resolution system, like Mediation, Arbitration, Conciliation, Negotiation, etc. They have gained prominence as viable mechanisms for resolving disputes between the parties outside of the traditional courts.

This paper comprehensively aims at expanding the adoption of Alternate Dispute Resolution. With the expanding population of India and the overburdened courts, several challenges are faced by the Indian Judicial System. This paper also puts light on the concept of ADR as well as emphasising that it should be viewed as a supplement to the court system and not a supplantation.  We examine the challenges and integration of ADR within the present court system, emphasising its role in speeding up access to justice and reducing court congestion, and giving more amicable resolutions.

Keywords: Alternate Dispute Resolution, India, Third party, ADR, Arbitration, Conciliation, Mediation, Online dispute resolution.