Bejita Banerjee, BBA LLB, Birla Global University, Bhubaneswar, Orrisa
Anirudh Modi, BA LLB, Maharishi University of Information Technology, Noida, Uttar Pradesh
Abstract
ADR means Alternative Disputes Resolution is a mechanism which resolves conflicts in a peaceful manner where parties in the dispute accept the decision given by the Arbitral Tribunal. It gives an option to parties in the contract to skip the traditional method of resolving disputes. ADR is not only limited to resolving commercial disputes but extends to industrial, civil, family, etc. The decisions of the Arbitral Tribunal are called ‘Award’ which is binding on the parties. Law Minister Arjun Ram Megwal told in December 2023 before the Lok Sabha that India has almost 5 crore pending cases in the district and sub-ordinate courts have almost 4.4 crore pending cases. He further said that 61.7 lakh cases are pending before 25 High Court where Allahabad High Court has more than 10 lakh cases, Sikkim High Court has 171 cases, and the Supreme Court has more than 80 thousand pending cases.
Human conflicts are an inevitable part of society and the traditional court is not the only place where disputes will be solved. The emergence of other mechanisms to solve disputes is the need of the hour because there are many loopholes in the present system. ADR mechanism fulfills all the needs of society as it gives speedy relief, is economical and cost-effective, is more cooperative and less competitive, and regressive procedure.
In our research, we have dealt with ADR origin, its present and upcoming transformation in the judicial system. We cover the development of ADR internationally and find out the reasons to promote ADR in India. We also found out about some online Arbitration systems where disputes easily get resolved.
Keywords: ADR, Arbitral Tribunal, Judicial System, UNCITRAL
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