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

ALTERNATIVE DISPUTE RESOLUTION VERSUS TRADITIONAL LITIGATION-THE MODERN DAY APPROACH – Hiteshi Vyas

Abstract

This paper explores the transformative role of Alternative Dispute Resolution (ADR) mechanisms within the Indian legal system, particularly as a response to the challenges posed by traditional litigation. With the rising number of cases and an overloaded judiciary, ADR presents a more efficient, cost-effective, and flexible approach to resolving disputes, making it especially relevant in public policy and administrative contexts. The paper examines key ADR methods, including arbitration, mediation, conciliation, negotiation, and Lok Adalat’s, highlighting their respective advantages such as reduced costs, quicker resolutions, and the preservation of relationships among disputing parties.

Additionally, the analysis emphasizes how ADR can alleviate the pressure on courts, allowing them to focus on more complex cases and enhancing public trust in the legal system. While acknowledging the limitations of ADR—such as the potential for increased upfront costs, lack of guaranteed resolutions, and limited appeal options—the paper asserts that these drawbacks are outweighed by the benefits. Case studies illustrate the growing acceptance of ADR within the judiciary, showcasing landmark decisions that affirm its enforceability and legitimacy.

The conclusion advocates for a stronger emphasis on ADR through public awareness initiatives and improved infrastructure, ensuring greater access to justice for all. By integrating ADR into the broader legal framework, India can create a more balanced and effective dispute resolution system that meets the diverse needs of its citizens, ultimately promoting a culture of cooperation and understanding in conflict resolution.

Keywords:  ADR, Arbitration, Litigation, Mediation, Negotiation, India