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Trending: Call for Papers Volume 5 | Issue 3: International Journal of Advanced Legal Research [ISSN: 2582-7340]

EQUATING RIGHTS AND EFFICIENCY – SCRUTINIZING ALTERNATIVE DISPUTE RESOLUTION IN LABOUR AND WORKPLACE CONFLICTS – Anureet Kaur

Abstract

Workplace labor conflicts are frequent occurrences that frequently lead to strained relations between employers and employees. Conventional approaches to labor dispute resolution, like litigation, can be expensive, time-consuming, and confrontational; they can exacerbate the problem and provide results that are not satisfying for either party. The time and expense of litigation is prohibitive for laborers and other industrial workers.  When it comes to other issues, the Indian judiciary’s workload has grown exponentially and is now unmanageable, which has resulted in a significant backlog of cases. India’s legal system is beset by a massive backlog, with over 2.5 crores cases pending in lower courts and over 2.5 lakhs under trials awaiting in jails across the nation. However, how can the judiciary manage these industrial conflicts as well?

Since justice postponed is justice denied, alternative dispute resolution (ADR) techniques like mediation, arbitration, and conciliation offer a more effective, economical, and cooperative approach to resolving labor disputes. This research paper is a review of an extensive investigation on the expanding use of ADR in labor disputes and employee relations. This study compares the usage of alternative dispute resolution (ADR) in labor disputes and provides a brief history of ADR. There is an analysis to apply the broad theory of dispute resolution’s institutionalization and diversification to labor disputes and workplace disputes. The following paper looks at the use of conciliation, mediation, and arbitration as various forms of alternative dispute resolution that works well to settle the labor issues before they go to court. This paper aims to explain why dispute resolution is preferred over litigation. It addresses the rights vs. efficiency viewpoint. In order to aid prospective investors in understanding the real processes involved in resolving labor disputes, this study focuses on the legal and practical aspects of industrial dispute resolution in India.