THE ROLE OF ALTERNATIVE DISPUTE RESOLUTION IN REDUCING JUDICIAL BACKLOG IN INDIA

Justice delayed is said to be justice denied. This is indeed the position of millions of pending cases in various forums in India. With increasing population, commercial activities and consequent disputes, the burden on the court system has become enormous. In such a scenario, Alternative Dispute Resolution mechanisms (ADR) present a feasible solution. ADR, comprising arbitration, mediation, conciliation, negotiation etc., are modes of dispute resolution which are more flexible, expeditious and economical. Laws such as the Code of Civil Procedure, 1908 (Section 89), Arbitration and Conciliation Act, 1996 and the Mediation Act, 2023 have been enacted to facilitate ADR processes. This article attempts to highlight how ADR helps in decongesting the judicial system and also discusses certain lacunae in the present framework while suggesting measures for improvement.