From Alternative to Primary: Will ADR Become India's Default Mode of Dispute Resolution

The effectiveness of any justice delivery system is measured by its ability to deliver justice promptly to the parties, but the Indian judicial system continues to be excessively burdened by cases, due to which there’s a delay in justice. Due to this, the Alternative Dispute Resolution (ADR) has gained significance over the years as it provides an effective mechanism that provides speedy disposal of cases. This Article critically examines whether ADR can transition from being an alternative or secondary mechanism to being a Primary or default mode of Dispute resolution. This article further explains the framework of ADR and different types of ADR mechanisms like mediation, conciliation, arbitration etc. and it traces the evolution of ADR from its roots in local community-based practices to its formal institutionalization through legislative enactments like the Arbitration and Conciliation Act, 1996, Mediation Act, 2023 and provisions like section 89 of the Code of Civil procedure, 1908. It further analyses the proactive role of judicial decisions which actively promoted ADR through the interpretation of relevant provisions. This Article reflects on acknowledging both the advantages and limitations of ADR. The article concludes that India is moving towards ADR first approach, but ADR can emerge as a default mechanism only with sustained legislative reforms and institutional strengthening.