APPROACHES IN ALTERNATIVE DISPUTE RESOLUTION MECHANISM: AN INSIGHTFUL ANALYSIS

Authors:

Dr. Samrat Datta, Navin Pal Singh

Keywords:

ADR; Mediation; Negotiation; Right, Power, Interest based Approaches

Abstract:

The justice delivery system of a country plays a primary role in ensuring preservation of public interest and maintenance of order in the society. In India, for years, the judiciary has been overburdened with unending pendency of cases owing to the enormous population and the subsequent rise of disputes. With the introduction of various methods of Alternative Dispute Resolution, an informal mechanism aiming to provide speedy justice as an alternative to the formal legal system, people witnessed positive changes with respect to cost efficiency and the reduction of judiciary’s burden. However, when employing the rights and power-based approaches to dispute resolution in negotiation and other modes of ADR, instances of visible inadequacy has been leading to ambiguity regarding the standard of justice maintained through these approaches. This research therefore, aims to dive into three core issues, firstly, whether the standard of justice maintained through the various approaches of ADR appears to be on par with standards maintained under the formal judicial proceedings. Secondly, whether the means of implementation of these approaches are justified when subject to scrutiny and critical examination and thirdly, whether Mediation with its ideal interest-based approach is the most viable solution in overcoming the deficiency and inadequacy experienced through the other approaches.

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