Alternative Dispute Resolution in India: Reimagining Access to Justice Through Settlement, Speed, and Party Autonomy

AMEENA SAHEBLAL HALIMA

doi:10.36948/ijfmr.2026.v08i04.84519

Alternative Dispute Resolution in India: Reimagining Access to Justice Through Settlement, Speed, and Party Autonomy

Author(s)	Dr. AMEENA SAHEBLAL HALIMA
Country	India
Abstract	Alternative Dispute Resolution (“ADR”) has become an indispensable part of the Indian justice system as courts continue to face mounting arrears and delays. ADR mechanisms such as arbitration, mediation, conciliation, and Lok Adalats offer a more flexible, economical, and relationship-preserving path to resolving disputes. In India, the statutory framework for ADR is primarily located in Section 89 of the Code of Civil Procedure, 1908, the Arbitration and Conciliation Act, 1996, and the Mediation Act, 2023. Judicial interpretation has also been crucial in shaping the scope and effectiveness of these mechanisms, particularly through landmark decisions such as Salem Advocate Bar Association v. Union of India and Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. Ltd. This article examines the evolution, statutory basis, doctrinal development, advantages, limitations, and future relevance of ADR in India. It argues that ADR is no longer merely an alternative to litigation; it is a central instrument for access to justice in a modern legal system. Alternative Dispute Resolution (ADR) has emerged as one of the most significant innovations in the Indian justice delivery system. In a legal environment marked by congestion, delays, and rising litigation costs, ADR offers mechanisms that are faster, less adversarial, and often more responsive to the parties' needs. Arbitration, mediation, conciliation, and Lok Adalats collectively create a pluralistic framework that enables disputes to be resolved outside the traditional trial model. In India, ADR is supported by Section 89 of the Code of Civil Procedure, 1908, the Arbitration and Conciliation Act, 1996, and the Mediation Act, 2023. Judicial decisions, such as Salem Advocate Bar Association v. Union of India, Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. Ltd., and Anita Kushwaha v. Pushap Sudan, have given constitutional and procedural substance to the concept of settlement-oriented justice. This article examines the legal framework, doctrinal growth, practical benefits, and continuing challenges of ADR in India. It argues that ADR is no longer a supplementary device but a central component of access to justice and modern legal capacity building.
Keywords	Alternative Dispute Resolution; Arbitration; Mediation; Conciliation; Lok Adalat; Section 89 CPC; Access to Justice; Mediation Act, 2023; Arbitration and Conciliation Act, 1996; Indian legal system.
Published In	Volume 8, Issue 4, July-August 2026
Published On	2026-08-12
DOI	https://doi.org/10.36948/ijfmr.2026.v08i04.84519

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Alternative Dispute Resolution in India: Reimagining Access to Justice Through Settlement, Speed, and Party Autonomy

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