OBJECT AND SCOPE OF ALTERNATIVE DISPUTE RESOLUTION

OBJECT AND SCOPE OF ALTERNATIVE DISPUTE RESOLUTION

A research proposal submitted in partial fulfilment of the course Alternate Dispute Resolution for the requirement
of degree of B.A. LL.B. (Hons.) for the academic session 2021-22

SUBMITTED BY:

Waquar Ahmad

Roll No. - 1984

6th Semester, 3rd Year

SUBMITTED TO:

Mr. Hrishikesh Mannu

Faculty of Alternate Dispute Resolution

Chanakya National Law University

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ACKNOWLEDGEMENT
The present project on the “OBJECT AND SCOPE OF ALTERNATIVE DISPUTE RESOLUTION”
has been able to get its final shape with the support and help of people from various quarters. My
sincere thanks go to all the members without whom the study could not have come to its present state. I
am proud to acknowledge gratitude to the individuals during my study and without whom the study may
not be completed. I have taken this opportunity to thank those who genuinely helped me.

With immense pleasure, I express my deepest sense of gratitude to Mr. Hrishikesh Mannu. Faculty for
Constitution law, Chanakya National Law University for helping me in my project. I am also thankful
to the whole Chanakya National Law University family that provided me all the material I required for
the project. Not to forget thanking to my parents without the cooperation of which completion of this
project would not had been possible.

I have made every effort to acknowledge credits, but I apologies in advance for any omission that may
have inadvertently taken place.

Last but not least I would like to thank Almighty whose blessing helped me to complete the project.

THANKING YOU,

NAME: WAQUAR AHMAD

ROLL NO. : 1984

COURSE: BA.LLB (Hons.)

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DECLARATION
I hereby declare that the work reported in the BA.LLB (Hons.) Project Report entitled

“OBJECT AND SCOPE OF ALTERNATIVE DISPUTE RESOLUTION”

Submitted at Chanakya National Law University is an authentic record of my work carried out under the
supervision of Mr. Hrishikesh Mannu. I have not submitted this work elsewhere for any other degree of
diploma.

I am fully responsible for the contents of my project report.

SIGNATURE OF CANDIDATE

NAME OF CANDIDATE: WAQUAR AHMAD

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

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 OBJECT AND SCOPE OF ALTERNATIVE DISPUTE RESOLUTION

Contents
ACKNOWLEDGEMENT..........................................................................................................................2

DECLARATION........................................................................................................................................3

INTRODUCTION.......................................................................................................................................5

ORIGIN AND BACKGROUND OF ALTERNATE DISPUTE RESOLUTION......................................8

THE OBJECTIVES OF ALTERNATE DISPUTE RESOLUTION........................................................10

SCOPE OF ALTERNATE DISPUTE RESOLUTION............................................................................12

ADR IN INDIA: NEED & IMPORTANCE.............................................................................................15

CONCLUSION.........................................................................................................................................18

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 OBJECT AND SCOPE OF ALTERNATIVE DISPUTE RESOLUTION

INTRODUCTION
Alternative Dispute Resolution or ADR refers to an assortment of dispute resolution procedures that
primarily serve as alternatives to litigation and are generally conducted with the assistance of a neutral
and independent third party. Mediation, Conciliation, Arbitration, Lok Adalats, Med-Arb, Early Neutral
Evaluation and Mini Trial are some o f the examples of ADR procedures. ADR is essentially based on
the philosophy that a dispute is a problem to be solved together rather that a combat to be won and it
visualizes a participative and collaborative effort of the disputant parties, facilitated by the ADR neutral,
to arrive at an acceptable resolution of the dispute outside the litigative process.

The primary objective of every legal system is to render justice and access to justice is one of the
cherished goals, which is the sine qua non for the existence of a democratic and civilized state. It is,
therefore, one of the prime functions of a welfare state to provide adequate dispute-resolution
mechanisms and indeed in a democratic society people must have effective access to such dispute
resolution mechanisms as the maxim ubi jus ibiremedium cannot be permitted to be reduced to an empty
promise.

Characterized by a huge and continuously increasing population and limited resources, access to justice
for all in India is still a distant dream even after six decades of independence. The judicial system in
India, laden with insurmountable arrears, marred by a poor judge to population ratio and attended with
procedural complexities, inherent delays and soaring expenses, in the recent past, had entered into a
phase where its credibility and efficacy was getting eroded to a considerable extent. This propelled the
search for new alternatives and the result was the advent of the ADR in its contemporary modern
incarnation and undoubtedly over these years ADR has proved to be one of the most promising remedies
which have been advocated to counter the problems faced by the justice delivery system.

The enactment of the Legal Services Authorities Act, 1987and the Arbitration and Conciliation Act, 1996
unequivocally demonstrates the legislative consciousness and concern towards the necessity and
importance of ADR in India. However, the turning point in the ADR movement was the legislative
mandate articulated in the enactment of section 89 CPC followed by an extraordinary, committed and
concerted judicial endeavor, which triggered an ADR revolution in India of a stature which was
unprecedented and preeminently unmatchable.

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In the recent past the ADR revolution has gained tremendous momentum in India, not only on account of
ADR being an effective instrument for clearing the judicial dockets, but also because it steers clear of
rigidity and complexity and offers an additional economical and expeditious remedy for resolution of
disputes, a remedy which is fairly appropriate in the given state of affairs. The Supreme Court and the
High Courts have also vociferously advocated the pervasive use of ADR and have themselves taken
myriad initiatives for popularizing and promoting ADR in India.

Delhi is a legally advanced city and the variety, complexity and enormity of litigation in Delhi has no
parallels as far as India is concerned. Burdened with colossal spurt in litigation on the one hand and
adorned with superior infrastructure, flourishing trade and commerce, vibrant corporate sector and
educated and aware masses on the other hand, Delhi has tremendous potential for development of ADR
and indeed Delhi has been one of the pioneers in the adoption and implementation of ADR. Albeit a
whole gamut of procedures are available under the umbrella of ADR, primarily four ADR processes
namely Mediation, LokAdalats, Arbitration and Conciliation have attained noteworthy recognition in
Delhi. ADR has been extremely effective in Delhi in the recent past and although it is a developing
subject, it has tremendous potential in times to come. What is however required is a comprehensive
legislative framework, effective and proper implementation and institutionalization, constant evaluation
and monitoring, a concerted endeavor to rectify the flaws and correct the aberrations, proper education,
training and publicity and most importantly revolutionizing the mindset of the masses.

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AIMS AND OBJECTIVES:

The Researcher aims to fulfil below objectives through this project:

I. To critically study the objects and scope of ADR.
II. To discuss Various kinds of ADR and its benefits.

HYPOTHESES:
I. The Researcher presumes that ADR is a way forward step to diminish the burden of pending
litigation and excessive delay in verdicts.

RESEARCH METHODOLOGY
The Researcher will be relying on Doctrinal method of research to complete this project.

SOURCES OF DATA
I. Primary sources
II. Secondary sources: Books, Internet etc.

METHOD OF WRITING

The method of writing followed in the course of this research paper is primarily analytical.

LIMITATION OF THE STUDY

The Researcher as a student has completed the project, he has access to a limited area and having a

limited time.

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ORIGIN AND BACKGROUND OF ALTERNATE DISPUTE RESOLUTION

ADR originated in the USA in a drive to find alternatives to the traditional legal system, felt to be
adversarial, costly, unpredictable, rigid, over-professionalized, damaging to relationships, and limited
to narrow rights-based remedies as opposed to creative problem solving. The American origins of the
concept are not surprising, given certain features of litigation in that system, such as: trials of civil
actions by a jury, lawyers' contingency fees, lack of application in full of the rule "the loser pays the
costs".

Beginning in the late nineteenth century, creative efforts to develop the use of arbitration and
mediation emerged in response to the disruptive conflicts between labor and management. In 1898,
Congress followed initiatives that began a few years earlier in Massachusetts and New York and
authorized mediation for collective bargaining disputes. In the ensuing years, special mediation
agencies, such as the Board of Mediation and Conciliation for railway labor, (1913) (renamed the
National Mediation Board in 1943), and the Federal Mediation and Conciliation Service (1947) were
formed and funded to carry out the mediation of collective bargaining disputes. Additional state labor
mediation services followed. The 1913 New lands Act and later legislation reflected the belief that
stable industrial peace could be achieved through the settlement of collective bargaining disputes;
settlement in turn could be advanced through conciliation, mediation, and voluntary arbitration.1

At about the same time, and for different reasons, varied forms of mediation for non-labor matters
were introduced in the courts. When a group of lawyers and jurists spoke on the topic to an American
Bar Association meeting in 1923, they were able to assess court-related conciliation programs in
Cleveland, Minneapolis, North Dakota, New York City, and Milwaukee.

Conciliation in a different form also appeared in domestic relations courts. An outgrowth of concern
about rising divorce rates in the postwar 1940's and the 1950's, the primary goal of these programs
was to reduce the number of divorces by requiring efforts at reconciliation rather than to facilitate the
achievement of divorces through less adversarial proceedings. Following privately funded mediation
efforts by the American Arbitration Association and others in the late 1960s, the Community
Relations Service (CRS) of the United States Department of Justice initiated in 1972 a mediation
program for civil rights disputes.

1
Alexander Bevan, Alternative Dispute Resolution (Sweet and Maxwell, London,
(1992).

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Although a small number of individual lawyers had been interested in and were practicing mediation
ADR in Britain for some years, it was only in 1989 when the first British based ADR company - IDR
Europe Ltd. - bought the idea across the Atlantic and opened its doors for business. This was the start
of ADR Group. Since then many other ADR organizations, including CEDR (Centre for Dispute
Resolution), followed suite and assisted in the development and promotion of ADR in the UK.2

THE OBJECTIVES OF ALTERNATE DISPUTE RESOLUTION

The main object of Mechanism of ADR system is not to replace the judicial process or procedural
laws. The mechanism of alternative techniques does not denigrate the existing system adopted by the
regular Courts under procedural codes. Its few main objectives are enumerated below.

2
Arno R. Lodder& John Zeleznikow, Developing an Online Dispute Resolution Environment: Dialogue Tools and
Negotiation Support Systems in a Three Step Model, 10 Harv. Negot. L. Rev. 287 (Spring 2005).

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 OBJECT AND SCOPE OF ALTERNATIVE DISPUTE RESOLUTION

1. The ADR System provides cheap and speedy justice to the disputant.

2. It aims at to settle the dispute on less lawyering

3. Its main object is to settle the issue amicably by way of compromise settlement, conciliation,

mediations, and negotiations,

4. The parties may resort to settlement under Arbitration and Conciliation Act 1996.

5. The utmost objective behind the policy is to avoid the trial and decision in the Courts through

unscrupulous evidence.

The Supreme Court of India in M/s Guru Nanak Foundation Vs M/s Rattan Singh & Sons'*^ has
emphasized the need of ADR system and observed that "Interminable, time consuming, complex and
expensive Court procedures impelled jurists to search for an alternative forum, less formal, more
effective and speedy for resolution of disputes avoiding procedural claptrap and this led them to
Arbitration Act, 1940 (Act for short). However, the way in which the proceedings under the Act are
conducted and without an exception challenged in Courts, has made lawyers laugh and legal
philosophers weep. Experience shows and law reports bear ample testimony that the proceeding under
the Act have become highly technical accompanied by unending prolixity, at every stage providing a
legal trap to the unwary. Informal forum chosen by the parties for expeditious disposal of their
disputes has by the decisions of the Courts been clothed with 'legalese' of unforeseeable complexity.3

[i] The Alternative Dispute Resolution System is simple and free from procedural technicalities:

The methodology applied and techniques used in mechanism of ADR to settle the disputes between
the parties do not follow the ticklish procedure adopted by the Judicial Courts. The mechanism of
ADR system does not partake the course of judicial process. It is completely different and divorced
from judicial technicalities. The ADR process is very simple, cheap, easy, speedy and result oriented

3
M/s Guru Nanak Foundation Vs M/s Rattan Singh & Sons, /\./.R 1981 SC p-
2075

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in disposal of the cases. The ADR techniques are extra judicial in character. These are the main
reasons for recognition of ADR techniques.4

[ii] The Mechanism of Alternative Dispute Resolution System consists of various simple
methods:

The Mechanism of Alternative Dispute Resolution System does not have single form or rigid
application in one particular way. There is an array of hybrid procedure for settlement of disputes out
side the Court. The ADR consists of various alternative techniques and forms. For example
Arbitration, Conciliation, Negotiations, Mediation, Judicial Settlement, Mini Trial, Med-Arbitration
and Settlement Conferences and Neutral Evaluation are the forms of ADR techniques. These
techniques are much acceptable both to the judiciary and common man. The ADR techniques may be
used in contentious matters, which are capable of being.5

[3] The Mechanism of Alternative Dispute Resolution System consists of various simple methods:

The Mechanism of Alternative Dispute Resolution System does not have single form or rigid
application in one particular way. There is an array of hybrid procedure for settlement of disputes out
side the Court. The ADR consists of various alternative techniques and forms. For example
Arbitration, Conciliation, Negotiations, Mediation, Judicial Settlement, Mini Trial, Med-Arbitration
and Settlement Conferences and Neutral Evaluation are the forms of ADR techniques. These
techniques are much acceptable both to the judiciary and common man. The ADR techniques may be
used in contentious matters.

SCOPE OF ALTERNATE DISPUTE RESOLUTION

The mechanism of ADR System and its techniques are extra-judicial remedy to resolve disputes
outside the legal fora. These techniques can be used in all those cases, which are capable of being
resolved, under law, by mutual agreement between the parties. The scope of ADR is wider and can

4
Vish S.Suba Roa, Conciliation Under the Industrial Disputes Act, 1947 : Should It Necessarily Remain - A Fifth
Wheel to the Coach, Vol 29, J.I.L.I., (1987), p-247
5
Ghanshyam Singh, Alternative Dispute Resolution: A Mechanism for
Settlement of Commercial Disputes, Delhi Law Review. Vol. XVIII, (1996)

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cover the cases of civil nature, commercial, industrial and family disputes or any other cases of urgent
nature. The ADR works across the full range of business disputes: banking; contract performance and
interpretations, construction contracts, intellectual property rights, insurance coverage, conflicts in
joint ventures, partnership differences, personal injury; product liability; professional liability, real
estate and securities. The mechanism of ADR system may offers best solution in commercial disputes
of an international character. The scope of an ADR System is not intended to supplant existing means
of dispute resolution. It offers only alternative options to litigation.

There are large number of important areas where there is no substitute for Court decision. For example
the matter pertaining to the Constitutional law and Criminal laws are beyond the purview of amicable
settlement. But the ADR system through conciliation or negotiations offers viable substitute to resolve
the dispute, if the matters are of such a nature which are compoundable in the eyes of law.

The demand for introduction of ADR system has been persistently gathering momentum from every
walk of life. The jurists, legal luminaries including judicial officer presiding over the Courts and
administrative heads considers that application of ADR shall reduce the mounting pressure of cases in
the higher and subordinate judiciary. The conferences and meetings on judicial reforms always start
with preliminary speeches and addressed for search of viable substitute to existing legal system.6

Every delegate stresses for promotion of Mechanism of ADR system using its various forms
conciliation, negotiations, mediation instead of initiating trials in the Court. The fast emerging
importance of ADR, its wider scope and commendable objectives emphasized for creation of more
Lok Adalats including establishment of Fast Track Courts.

The fantastic growth of commerce and business activities in the field of information technology has
created an entirely new forum for business and conduct of global operations. It has created necessity
of new chapter with adequate definitions because business transactions at international level has
completely extinguished the geographical borders. The laws neither have been enacted in a single day
nor it could be so. The speed of justice delivery system is not so fast what the commerce of today
expects.

6
Dr. M.Seshagiri Rao, Arbitation in the Field of Information Technology and E-Commerce: Role of Technocrats: A
paper presented at the National Conference on Mediation/Arbitration, Bangalore

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The rapidity and the advancement of technologies will remain far away of the updating and
administering the relevant enactment. The contracts and dispute in growing information technology,
new business transactions, environmental laws etc can not be underrated. The dispute resolution in the
absence of appropriate laws shall have to take place on the basis of outdated laws in order to address
the consumers. In such a situation, the scope mechanism of ADR System extends its hands to cover
the new fields especially through arbitration whose award is non-appealable and can not be easily set
aside.7

The ADR offers the best solution and attempts to cover every field. The ADR system works to
compromise the suit where disputants are genuinely interested in a settlement. The ADR system may
operate successfully in dispute resolution of both domestic and international character. It may be
commercial in nature or civil. The ADR system is expanding its horizon continuously keeping in view
the modalities of time and delay in dispensation of justice.

The scope and application of ADR system is not only beneficial from litigation or commercial point of
view at international level but also assuage the sentiments of Constitution makers while help
promoting international peace and security among the nations. The Constitution of India under Article
51 provides that the State shall endeavour to promote international peace and security and maintain
just and honourable relations between the nations. The Constitution of India under Article 51(c) and
(d) specifically emphasized that the State shall foster respect for international law and treaty
obligations in the dealings of organized people with one another and would encourage settlement of
international disputes by arbitration.

The ADR system is also known as 'participatory justice'. The mechanism provides full opportunity of
hearing and active participation of parties during the settlement proceedings. The ADR system is
result oriented in the cases filed under Consumer Protection Act, Industrial Dispute Act, Workmen's
Compensation Act, Family Law Courts. The mechanism can work well in petty or coumpoundable
criminal offences of theft and like nature. The scope of dispute resolution in MACT cases and the
cases of tortuous liability exists in ADR System. The disputes of minor character or of no injury are
resolved summarily in the presence of disputants in order to promote rehabilitation and therapeutic
approach. The mechanism of ADR system offers a spirit of compromise amongst the litigants across
7
The Tribune, Chandigarh, Friday, March 10, 2006

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the table, which explains the important concept of 'distributive justice' and that is the main purpose
and object behind the justice delivery system . The scope of these alternative techniques and formulae
exists within ADR policy.

Despite its importance and emerging demand, the ADR system in India is still at rudimentary and
infancy stage. There are few numbers of research programs on ADR system. The very less number of
ADR centres have been established in India and these are unable to faster its movement. The line,
length and knowledge of ADR movement among professionals, Industrial groups and commercial
counterparts are yet to be harnessed to make its wider publicity and know-how amongst the common
men.

But keeping in view the workload on regular Courts and the demand from every corner, is hoped that
the coming years would be characterized by a search for alternative means of resolving disputes. The
Indian experience in the forthcoming years may prove to be of greater relevance as compared to the
other developing nations'*". I hope its scope in near future would be automatically widened for
practical application.8

ADR IN INDIA: NEED & IMPORTANCE.

Alternative Dispute Resolution in India is an attempt made by the legislators and judiciary alike to
achieve the Constitutional goal of achieving Complete Justice in India. ADR first started as a quest to
find solutions to the perplexing problem of the ever increasing burden on the courts. A thought-
process that started off to rectify docket explosion, later developed into a separate field solely catering
to various kinds of mechanisms which would resolve disputes without approaching the Formal Legal
System (FLS). The reasoning given to these ADR mechanisms is that the society, state and the party

8
ArunvirVashista, Emerging Trends in ADR as Dispute Resolving Techniques, XLIX ICA Arbitration Quarterly.

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to the dispute are equally under an obligation to resolve the dispute as soon as possible before it
disturbs the peace in the family, business community, society or ultimately humanity as a whole.9

In a civilised society, principles of natural justice along with the Rule of Law should result in
complete justice in case of a dispute. Rule of Law is defined as the state of order in which events
conform to the law. It is an authoritative, legal doctrine, principle, or precept applied to the facts of an
appropriate case. These definitions give us the indication that the Rule of Law is a authoritative
concept which might lead to a win-lose situation in cases of dispute. Therefore, ADR uses the
principles of natural justice in consonance with the Rule of Law, in order to create a favourable
atmosphere of a win-win situation. This is much needed in countries like India where litigation causes
a great deal of animosity between the parties due to the agony caused by the long-standing litigation.
ADR, thus, gains its momentum in India today.

Alternative Dispute Resolution in India was founded on the Constitutional basis of Articles 14 and 21
which deal with Equality before Law and Right to life and personal liberty respectively. These
Articles are enshrined under Part III of the Constitution of India which lists the Fundamental Rights of
the citizens of India. ADR also tries to achieve the Directive Principle of State Policy relating to Equal
justice and Free Legal Aid as laid down under Article 39-A of the Constitution. The Acts which deal
with Alternative Dispute Resolution are Arbitration and Conciliation Act, 1996 (discussed in detail
later) and the Legal Services Authorities Act, 1987. Section 89 of the Civil Procedure Code, 1908
makes it possible for Arbitration proceedings to take place in accordance with the Acts stated above.

In India, the quest for justice has been an ideal, which the citizens have been aspiring for generations
down the line. Our Constitution reflects this aspiration in the Preamble itself, which speaks about
justice in all its forms: social, economic and political. Justice is a constitutional mandate. About half a
century of the Constitution at work has tossed up many issues relating to the working of the judiciary;
the most important being court clogging and judicial delays. Particularly disturbing has been the
chronic and recurrent theme of a near collapse of the judicial trial system, its delays and mounting
costs. Here, the glorious uncertainties of the law frustrated the aspirations for an equal, predictable and
affordable justice is also a question, which crops up often in the minds of the people.

9
Anil Xavier, Mediation: Its Origin and Growth in India, 27 Hamline J. Pub. L. &Pol'y

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We are a country of a billion people. The fundamental question is: How do we design and structure a
legal system, which can render justice to a billion people? The possibility of a justice-delivery
mechanism in the Indian context and the impediments for dispensing justice in India is an important
discussion. Delay in justice administration is the biggest operational obstacle, which has to be tackled
on a war footing. As Justice Warren Burger, the former Chief Justice of the American Supreme Court
observed in the American context:

The harsh truth is that we may be on our way to a society overrun by hordes of lawyers, hungry as
locusts, and bridges of judges in numbers never before contemplated. The notion — that ordinary
people want black-robed judges, well-dressed lawyers, and fine paneled courtrooms as the setting to
resolve their disputes, is not correct. People with legal problems like people with pain, want relief and
they want it as quickly and inexpensively as possible.

This observation with greater force applies in the Indian context.

Therefore, this explains the need for Alternative Dispute Resolution in India. In a country, which aims
to protect the socio-economic and cultural rights of citizens, it is extremely important to quickly
dispose the cases in India, as the Courts alone cannot handle the huge backlog of cases. This can be
effectively achieved by applying the mechanisms of Alternative Dispute Resolution. These are the
reasons behind the introduction of ADR in India. The implementation of Alternative Dispute
Resolution mechanisms as a means to achieve speedy disposal of justice is a crucial issue.The sea-
change from using litigation as a tool to resolve disputes to using Alternative Dispute Resolution
mechanisms such as conciliation and mediation to provide speedy justice is a change that cannot be
easily achieved. The first step had been taken in India way back in 1940 when the first Arbitration Act
was passed. However, due to a lot of loop-holes and problems in the legislation, the provisions could
not fully implemented. However, many years later in 1996, The Arbitration and Conciliation Act was
passed which was based on the UNCITRAL model, as already discussed in the previous section of the
paper. The amendments to this Act were also made taking into account the various opinions of the
leading corporates and businessmen who utilise this Act the most. Sufficient provisions have been
created and amended in the area of Lok Adalats in order to help the rural and commoner segments to
make most use of this unique Alternative Dispute Resolution mechanism in India. Therefore, today
the provisions in India sufficiently provide for Alternative Dispute Resolution. However, its

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implementation has been restricted to just large corporates or big business firms. LokAdalats, though a
very old concept in Indian Society, has not been implemented to its utmost level. People still opt for
litigation in many spheres due to a lot of drawbacks. Provisions made by the legislators need to be
utilised. This utilisation can take place only when a definite procedure to incerase the implementation
of ADR is followed. In order to have such an implementation programme, it is necessary to analyse
what the problems are and rectify them.10

CONCLUSION
ADR has proved to be one of the most significant instruments for contemporary dispute resolution and
judicial reform and it has become an absolute necessity in Delhi. The enormous spurt in litigation and
the insurmountable arrears of cases piling up in the courts in Delhi coupled with escalating costs and
inherent delays of the litigative process make ADR a sine qua non for preventing the judicial system
from collapsing. Initially advocated as a safety valve and a via media to divert the burden on the
clogging judicial system, ADR, in the contemporary period, has not only accomplished the goal of
clearing the judicial dockets, but has also become an inalienable part of the justice delivery system

10
Anurag K. Aggarwal, Party Autonomy in Commercial Arbitration, XLI (3) ICA Arbitration Quarterly

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providing an additional and appropriate mode of resolution of disputes in an economical, expeditious

and acceptable manner.

ADR, however, is not intended to supplant altogether the judicial system and it only offers an additional
mode of dispute resolution and is therefore sometimes referred to as Additional Dispute Resolution. In
fact the judicial system and ADR need to operate collaboratively so that the ultimate goal of justice for
all is achieved. Further ADR aims at providing a remedy to disputant parties which is most appropriate
in the circumstances of the case and is therefore also referred to as Appropriate Dispute Resolution.

A continuum of individual ADR mechanisms are available in Delhi but arbitration, mediation,
conciliation and dispute resolution through LokAdalats and Permanent LokAdalats are the primary ones
which flourish in Delhi. These ADR mechanisms have been quite successful and effective in Delhi and
the statistical and empirical data reflects their success in relieving docket congestion and as instruments
of effective dispute resolution.

ADR has been extremely effective in Delhi in the recent past and it has tremendous potential in times to
come and time is not far when ADR would be the preferred and inevitable option as a mode of dispute
resolution at the pre- litigation stage itself.

BIBLIOGRAPHY

BOOKS AND STATUES:

I. Law of Arbitration and Conciliation: Including Alternative Dispute , Avtar Singh

II. Introduction to Arbitration in India: The Role of the Judiciary by Tushar Kumar Biswas
III. The Arbitration and Conciliation Law of India: G. K. Kwatra
IV. Vish S.Suba Roa, Conciliation Under the Industrial Disputes Act, 1947

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ARTICLES & WEBSITES:

I. Dr. M.Seshagiri Rao, Arbitation in the Field of Information Technology and E-Commerce:
Role of Technocrats: A paper presented at the National Conference on
Mediation/Arbitration, Bangalore.
II. Devendra Nath Mishra, Arbitration as a mode of Alternative Dispute Resolution (ADR) -
Its Necessity and Implications, A.I.R. 2001, Journal.
III. Hrudaya Ballav Dass, Alternative Dispute Resolution - Its social-Legal Dimension, A.I.R.
2004, Journal.
IV. Anurag K. Aggarwal, Party Autonomy in Commercial Arbitration, XLI (3) ICA Arbitration
Quarterly.
V. Anil Xavier, Mediation: Its Origin and Growth in India, 27 Hamline J. Pub. L. &Pol'y

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