Legal Recognition of Alternative Dispute Resolution (ADR) in India
Alternative Dispute Resolution (ADR) has emerged as a vital component of the
Indian legal system, offering an efficient and effective alternative to
traditional litigation. This article explores the legal recognition of ADR in
India, highlighting key legislation, amendments, and reports that have shaped
its development.
Legal Services Authorities Act 1987: Empowering Access to Justice
The Legal Services Authorities Act of 1987 stands as a cornerstone in the realm
of ADR in India. This act was a pivotal step towards promoting ADR mechanisms by
establishing legal aid services and encouraging the resolution of disputes
through mediation and arbitration. It aimed to provide accessible and affordable
justice to all strata of society, fostering a culture of resolving conflicts
outside the traditional court system.
CPC (Amendment) Act 1999: Embracing ADR in the Legal Landscape
The Code of Civil Procedure Amendment Act of 1999 marked a significant milestone
in the legal recognition of ADR in India. By introducing Section 89, this
amendment mandated courts to actively promote the settlement of disputes through
mediation, conciliation, and arbitration. This legislative provision underscored
the importance of ADR methods in alleviating the burden on the judicial system
and expediting the resolution of disputes, thereby enhancing the efficiency of
the legal process.
Malimath Committee Report: Transforming the Criminal Justice System
The Malimath Committee Report on Reforms of the Criminal Justice System in India
brought forth a comprehensive perspective on the integration of ADR mechanisms
into the criminal justice system. This report advocated for the adoption of ADR
practices to reduce delays, streamline processes, and enhance access to justice.
By recommending the incorporation of ADR in criminal disputes, the report aimed
to alleviate the backlog of cases and foster a more efficient and effective
justice delivery system.
Conclusion and Impact:
The convergence of the Legal Services Authorities Act 1987, the CPC Amendment
Act 1999, and the insights from the Malimath Committee Report has significantly
bolstered the legal recognition and utilization of ADR in India. These
legislative measures and recommendations have not only facilitated timely and
effective dispute resolution but have also played a vital role in shaping a more
accessible, inclusive, and efficient legal framework in the country.
The legal recognition of ADR in India has significantly impacted the justice
delivery system, offering a faster and more cost-effective alternative to
litigation. The Legal Service Authority Act, 1987, C.P.C. (Amendment) Act, 1999,
and Malimath Committee Report have collectively contributed to the growth and
development of ADR in India. As ADR continues to evolve, its legal recognition
will play a crucial role in shaping India's dispute resolution landscape.
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