THE POWER OF ADR: SHIFTING THE TRAJECTORY OF THE INDIAN JUDICIAL SYSTEM.

Introduction

For many years, countries with a dangerously large population like India have found it hard to manage crime, and with such a large number, crime is bound to be prevalent. With the courts overflowing with pending and new cases, ADR is a solution that really needs to be considered. This article is concerned with examining a question that has been on the minds of many;

"Can ADR genuinely become the future of speedy justice in India, or does it merely provide an alternative mechanism while the structural problems of the Indian Justice system remain unresolved?"

Judicial Delay and the Need for Speedy Justice in India

The only reason why India is looking towards channels of speedy justice instead of relying on the judicial system is because of Judicial backlog & delay The country is in desperate need of a speedy justice system; reports from the National Judicial Data Grid and the Union Law Ministry expose India's judicial backlog, which is estimated to be 56.4 million pending cases across the Supreme Court, High Court and District Subordinate Courts.¹

Likewise, I have realized that the main reason for this backlog is due to the current cases being perceived as more pressing than the previous cases and because of the insufficiency of judicial officers, the previous cases are put down "temporarily". However, this "temporary" substitution has led to so many unresolved cases ranging from a decade or more years of age. This is not just delayed justice; it is forgotten justice. This disaster would have been averted simply by redirecting some of those cases to different channels of Alternative Dispute Resolution and if things do not improve, the masses will lose faith in the judicial systems.

Moreover, with ADR, a matter that takes years to resolve under judicial responsibility can be resolved within days or weeks. Many cases have lost faith in ever achieving justice; a few of them are:

-The Dr. Asha Goel Murder Case, which started in 2003 and is still ongoing to date. The deceased Asha Goel was brutally unalived in Mumbai, and to date has not found justice.²

-Another one is the Saint Disappearance case; the issue arose in 1994 and is still on till date. In this case, Businessman Vinka Kumar and his brother-in-law were allegedly kidnapped and murdered by senior police officers in Punjab. Kumar's mother, Amar Kaur, spent 23 years fighting the case in court. Unfortunately, she died in 2017 still waiting for the justice that never came.³

Looking at these tragic scenarios, you would think the government would understand the severe need for a speedy justice system like ADR, especially because it is recognized as a legal option. This is seen through the implementation of the Arbitration and Conciliation Act 1996 and the recent Mediation Act of 2023. I believe the judicial backlog in India is breaching Article 21 (Part III) of the Constitution of India, which spells out the Right to Life and Personal Liberty, which the Supreme Court of India interpreted to include the right to a speedy trial. The main question I have is, if the Constitution and courts already recognize as fundamental, why has conventional litigation continued to produce such delays?

Concept, Evolution and Forms of ADR in India

-CONCEPT.

The concept of ADR is narrowed down to its definition so, what is ADR?

ADR known fully as Alternative Dispute Resolution refers to "a process in which a neutral third party (a mediator, conciliator etc.) helps parties who are embroiled in a dispute come to an agreement.⁴ ADR is more than just a process; I perceive it as a vaccine that ends the disease called JUDICIAL BACKLOG.

-EVOLUTION OF ADR IN INDIA.

ADR in India was adopted in 1991 as a response to the severe judicial backlogs, high cost of litigation, and economic liberalization, which needed a fast, confidential as well as predictable dispute resolution system, and international standards such as alignment with UNCITRAL Frameworks. The country began to create room for the supposed solution; the Arbitration and Conciliation Act 1996 was created.

Moreover, this act was put in place mainly to govern domestic arbitration, international commercial arbitration, the enforcement of foreign arbitral awards, and conciliation proceedings. The law is based on the UNCITRAL Model Law to resolve commercial and civil disputes outside traditional courts; the main goal of this act is:

• Fast Settlements.
• Less Court Help and
• Fair Conciliation.

There is a common saying that two friends who go to court can never remain friends; however, with the inclusion of this Act and many other acts like the Mediation Act 2023 and the Legal Services Authorities Act 1987, which support peaceful Dispute Resolution, friendship after disagreement is possible.

Also, ADR is not merely a procedural convenience; it is a tool to access prompt and efficient justice.

-FORMS OF ADR PRACTICED IN INDIA.⁵

There are 5 main forms of ADR practiced in India and they are:

1. Arbitration.
2. Mediation.
3. Conciliation.
4. Negotiation.
5. Lok Adalats.

-Arbitration: This is a formal process whereby an independent third party (the arbitrator) hears both sides and makes a final, legally binding decision called an award. It is heavily used for business and commercial contracts under the Arbitration and Conciliation Act, 1996.

- Mediation: This is a voluntary process where a neutral third person helps the opposing sides talk to each other and find a shared solution. It is widely used in family, civil, and commercial matters and is backed up by Section 89 of the Code of Civil Procedure 1908, and the Mediation Act 2023.

- Conciliation: A structured method like mediation, but the conciliator takes a more active role by suggesting terms and solutions to help the parties compromise. It is also governed by the Arbitration and Conciliation Act, 1996.

-Negotiation: A direct, informal discussion between the people or groups in conflict without any outside helper. They try to agree on terms by themselves.

- Lok Adalat: A unique Indian system set up under the Legal Services Authorities Act 1987. It brings parties before a panel to settle pending or pre-litigation disputes through compromise. Its awards carry the weight of a civil court decree and cannot be appealed, thereby providing quick closure.

Although ADR is very efficient compared to the judicial system, not every form of ADR can deliver timely justice. Out of the above, the timeliest is Mediation and Conciliation, but in a situation of mass clearing, it's the Lok Adalats. Lok Adalats means "People's Court"; they are arguably India's most successful tool for rapid dispute resolution. ADR, in my opinion, should undeniably be the active tool used by the government in preventing judicial backlog, especially with Section 89 of the newly amended Civil Procedure Code {CPC} which empowered courts to direct pending civil disputes into arbitration, judicial settlement, or mediation.

The following are cases promptly resolved by ADR procedures:

1. The Sunjay Kapur Estate & Family Trust Dispute (2025-2026): This was a mighty inheritance battle following the demise of Sunjay Kapur, resolved within months because the Supreme Court of India directed the case to a court-appointed mediation. A strife that would have taken a decade or more was solved in a matter of months.⁶
2. The case of Vikram Bakshi v. Connaught Plaza Restaurant Ltd. (CPRL) (2019) was also resolved through an amicable settlement.

The above were all resolved without any long court processes… no back-and-forth arguments, just a smooth resolution.

ADR vs Conventional Litigation

So, if you're looking for a fast, cost-effective, flexible, and discreet option, ADR is the perfect choice.

Weaknesses of ADR

Every great thing has its downsides, no matter how good. ADR has a few challenges such as:

1. Shortage of experts (trained professionals).
2. Frequent judicial interference in arbitration.
3. Enforcement delays.
4. Low public awareness … ⁷

Even though ADR is intended to offer quality relief, these system bottlenecks often recreate the delays and costs of traditional court litigation.

Why India Needs a Speedy Justice System Like ADR⁸

Although ADR has its shortcomings, it's still better than going on the long journey of court litigation. Here are a few reasons why to choose ADR instead:

-Severe Shortage of Judges: India operates with only about 21 to 23 judges per million citizens, far below the Law Commission of India's decades-old recommendation of 50 per million. High Courts regularly suffer from judicial vacancy rates as high as 33%.

- To Curb the Undertrial Prisoner Crisis: Due to prolonged trials, roughly 75% of India's prison population consists of "undertrials"—individuals who have not yet been convicted of a crime. Many end up spending more time locked up awaiting trial than the maximum prison sentences their alleged crime carries.

-To End Frequent Adjournments & Archaic Procedures: Procedural loopholes allow lawyers to seek endless, routine adjournments. This drags cases out across generations and heavily favors wealthy litigants who can afford prolonged legal battles over poor citizens.

-Cure For Economic Stagnation: Unresolved commercial disputes and broken contracts create severe regulatory uncertainty, locking up capital and heavily discouraging foreign investments.

Now, to answer the big question on whether ADR can truly become the future of speedy justice in India:

My answer is a big YES. With proper management as well as a balance between ADR and court litigation, the judicial backlog in India will face a drastic fall. Whether or not anyone agrees, ADR is the future of speedy justice in India, and I recommend its active use in the judiciary.

Conclusion

In summary, India needs a hybrid justice system where courts and ADR mediums work together and not against each other. ADR being the future of speedy justice in India doesn't necessarily mean the replacement of courts but rather, the creation of an integrated system where timely justice is paramount.

BIBLIOGRAPHY/REFERENCES

* Statues

- Arbitration and Conciliation Act 1996.

- Code of Criminal Procedure 1908.

-Code of Criminal Procedure 1973.

-Constitution of India.

- Legal Services Authorities Act 1987

- The Mediation Act, 2023.

* Government Reports

- National Judicial Data Grid, Statistics on Pending Cases.

* Cases.

-Inder Singh v. State of Punjab and Others (1994) INSC 392.

-Narender G. Goel vs. State of Maharashtra and Another (2009) 6 SCC 65.

-Rani Kapur v. Priya Sachdev Kapur & Ors (2005).