International Journal For Multidisciplinary Research
E-ISSN: 2582-2160
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A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal
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Volume 8 Issue 2
March-April 2026
Indexing Partners
Role of Mindfulness in enhancing Efficiency and Neutrality in Alternative Dispute Resolution Mechanisms
| Author(s) | Ms. Aayushi Pandey |
|---|---|
| Country | India |
| Abstract | This paper examines the role of mindfulness in enhancing the effectiveness of Alternative Dispute Resolution (ADR) mechanisms by addressing the psychological dimensions of dispute resolution. While ADR processes such as mediation, arbitration, and negotiation are designed to provide efficient and flexible alternatives to litigation, their outcomes are often influenced by emotional reactivity, cognitive biases, and behavioural tendencies of the participants. Drawing upon insights from negotiation theory, behavioural economics, and psychological research, this study highlights the limitations of existing ADR frameworks, which largely focus on procedural aspects while overlooking human factors. The paper analyses how mindfulness, understood as present-moment awareness accompanied by non-judgmental observation, can improve emotional regulation, reduce bias, and enhance decision-making quality in ADR processes. It further explores the application of mindfulness in mediation, arbitration, and negotiation, demonstrating its potential to promote constructive engagement and neutrality. At the same time, the study acknowledges the challenges associated with its integration, including lack of formal recognition, absence of standardized training, and limited empirical research within legal contexts. The paper concludes by proposing a structured and gradual approach for incorporating mindfulness into ADR through training, institutional support, and further empirical study, thus contributing to more effective and balanced dispute resolution mechanisms. |
| Keywords | Mindfulness, Alternative Dispute Resolution, Mediation, Arbitration, Cognitive Bias, Negotiation, Behavioural Law |
| Field | Sociology > Administration / Law / Management |
| Published In | Volume 8, Issue 2, March-April 2026 |
| Published On | 2026-04-08 |
| DOI | https://doi.org/10.36948/ijfmr.2026.v08i02.73924 |
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