Why is ADR Crucial for India’s Courts?
India’s judiciary is burdened with over 4.57 crore pending cases, leading to massive delays in justice delivery. The Supreme Court alone has around 81,768 pending cases, and the High Courts nearly 63 lakh. This pendency undermines access to timely justice — making Alternative Dispute Resolution (ADR) a critical instrument for speed, efficiency, and inclusivity in the justice system.
ADR provides a parallel mechanism to resolve disputes amicably, outside the formal court system, while maintaining legal sanctity.
What is Alternative Dispute Resolution (ADR)?
ADR refers to methods of resolving disputes without traditional litigation. The main forms include:
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Arbitration – A neutral arbitrator gives a binding decision (award).
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Conciliation – A conciliator facilitates settlement but without binding power.
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Mediation – A voluntary process where parties arrive at a mutual agreement.
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Lok Adalat – People’s court resolving pre-litigation or pending cases through compromise.
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Judicial Settlement – Settlement facilitated under judicial supervision.
Constitutional and Legal Basis
| Provision | Relevance |
|---|---|
| Article 39A | Ensures equal justice and free legal aid — foundational to ADR. |
| Section 89, CPC (1908) | Empowers courts to refer cases for arbitration, conciliation, mediation, or Lok Adalat. |
| Arbitration and Conciliation Act, 1996 (Amended 2021) | Lays down the framework for arbitration and conciliation in India. |
| Legal Services Authorities Act, 1987 | Provides for Lok Adalats and Permanent Lok Adalats. |
| Mediation Act, 2023 (recent reform) | Institutionalizes mediation and mandates pre-litigation mediation in certain cases. |
Duration and Efficiency
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Arbitration: Statutory limit of 180 days for resolution from the date of commencement.
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Mediation: Parties may opt out after two sessions if unsatisfied.
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Lok Adalats: Usually conclude cases in a single sitting.
This is significantly faster compared to the average court case duration of 5–10 years, especially in civil or commercial disputes.
How ADR Reduces Delays and Court Pendency
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Diverts minor and compoundable disputes away from formal courts.
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Encourages settlements before litigation (pre-litigation mediation).
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Lowers burden on judges, allowing them to focus on complex cases.
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Cuts litigation costs and ensures faster outcomes.
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Promotes social harmony, by resolving conflicts through dialogue and consensus.
How Lok Adalats Work
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Established under Legal Services Authorities Act, 1987.
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Types: National Lok Adalat, Permanent Lok Adalat, e-Lok Adalat.
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Decisions are final and binding, with no appeal.
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However, a dissatisfied party can still file a fresh suit in regular court.
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First Lok Adalat held in Gujarat (1999) — since then, millions of cases have been settled through this mechanism.
Impact on Case Backlog
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ADR has disposed of millions of small and civil disputes, reducing pressure on lower courts.
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But awareness, infrastructure, and training for mediators remain key challenges.
States with the Highest Case Backlog (as per India Justice Report 2025 & NJDG)
| Rank | State | Estimated Pendency | Remarks |
|---|---|---|---|
| 1 | Uttar Pradesh | Highest number of pending cases | Heavy workload (4,000+ cases per judge) |
| 2 | Andhra Pradesh | Very high pendency at district level | Infrastructure deficit |
| 3 | Bihar | Persistent backlog | Shortage of judges |
| 4 | Himachal Pradesh & Kerala | High workload per judge | Despite smaller population |
Why Strengthening ADR is Crucial
“Mediation is not just a dispute resolution tool; it’s a tool for social change.”— Justice D.Y. Chandrachud
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Enhances access to justice in rural and underprivileged areas.
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Integrates constitutional values like equality, liberty, and fraternity into real-world solutions.
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Reduces adversarial hostility and promotes restorative outcomes.
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Aligns with India’s civilisational ethos of consensus and community-based justice — echoing the traditional Panch Parmeshwar system.
Way Forward
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Strengthen Mediation Centres and train mediators across districts.
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Increase awareness of ADR among citizens.
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Digitize ADR through e-Lok Adalats and online mediation platforms.
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Mandate pre-litigation mediation in more civil and commercial cases.
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Institutionalise ADR education in law curricula.
Conclusion
ADR stands as India’s bridge between tradition and modernity, combining speed, inclusivity, and justice. As court pendency crosses 4.5 crore cases, strengthening ADR is not just reform — it’s a necessity for judicial survival and the realisation of Article 39A’s promise of equal justice for all.
