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Original Article | Volume 2 Issue 2 (None, 2025) | Pages 209 - 215
Role of ADR in Promoting Access to Justice
1
Professor of Practice, School of Law, UPES, Dehradun
Under a Creative Commons license
Open Access
Abstract

Access to justice is a fundamental principle of the rule of law, ensuring that individuals can effectively resolve disputes and enforce their legal rights. Alternative Dispute Resolution (ADR) mechanisms, including mediation, arbitration, and conciliation, have emerged as vital tools in promoting access to justice by providing efficient, cost-effective, and time-saving methods for dispute resolution. This paper critically examines the role of ADR in enhancing access to justice, particularly in jurisdictions where traditional litigation remains costly, complex, and time-consuming. From a legal perspective, the study explores how ADR mechanisms align with constitutional mandates, statutory frameworks, and judicial precedents that emphasize expeditious and fair dispute resolution. Special focus is given to legislative instruments such as the Arbitration and Conciliation Act, 1996 (India), the Mediation Act, 2023, and international conventions like the UNCITRAL Model Law on Arbitration, which provide a robust legal foundation for ADR practices. The paper further evaluates judicial interpretations and policy measures that underscore ADR’s role in reducing court backlog and fostering consensual dispute resolution. Additionally, the research highlights the comparative effectiveness of ADR in promoting justice for marginalized and economically weaker sections, analyzing how pre-litigation mediation and institutionalized ADR mechanisms bridge the gap between legal rights and their practical enforcement. The paper concludes by proposing legal and policy reforms to strengthen ADR frameworks, ensuring a more inclusive and accessible justice system.

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