Need of alternate dispute resolution and its amendments

“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. However, the way in which the proceedings under the Act are conducted and without exception challenged in Courts, has made Lawyers laugh and legal philosophers weep.”[1]

As the burden of the courts grew, there were many measures to reduce the burden of the courts. The introduction of the ADR approach to the CPC was one such step in the fight against backlogs. This is still a dilemma facing the courts.

It is still a long way from the courts to establish the mechanisms and infrastructure for the effective functioning of the ADR system. If the first hearing emphasizes only the ADR process, people will be more aware of the combination of these two components. The judiciary has a great responsibility to unite people and inform them of the rights lawmakers have given us.
To address the legal situation in the Indian courts, ADR plays a vital role in India through its various strategies. Another dispute resolution mechanism provides scientifically developed techniques in Indian courts that help reduce the burden on the courts. ADR offers a variety of settlement options including, mediation, conciliation, mediation, negotiation and Lok Adalat. Here, negotiations imply an independent consultation between the parties to resolve the dispute, but there is no legal basis in India.

The ADR is also based on those fundamental rights, articles 14 and 21, which deal with equality and the right to life and personal freedom. The purpose of the ADR is to provide social, economic, and political justice and maintain integrity in society enshrined in the introduction. ADR also seeks to achieve equal justice and free legal aid provided under Article 39-A of the Directive Principle of State Policy (DPSP).

The Amendment Act of 2019 has introduced significant changes, including the Appointment of Arbitrators by the Arbitral Institution instead of the Indian courts, the establishment of the Indian Arbitration Council, the introduction of six-month deadlines for petitions, and international disputes to observe the 12-month adjudication period. 29 and to change the scope of Section 17, Section 45, Section 50 of the Mediation Act and finally introduce Section 87 to clarify the potential impact of the Amendment Act of 2015.

In our country, mediation and arbitration have been popular since time immemorial. Arbitrations were initially governed by the provisions in the separate legislation, including those in the Code of Civil Procedure. The first Indian Arbitration Act was enacted in 1899, replaced by the Arbitration Act, 1940 and replaced by the 1996 Arbitration and Conciliation Act.

[1] Guru Nanak Foundation v Rattan Singh, (1981) 4 SCC 634

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.