ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my

teacher “Dr. SAYEDA SHAMIMA BEGUM” who gave me the
golden opportunity to do this wonderful project of Alternative
Dispute Resolution (ADR) on the topic of “Evolution of
Alternative Dispute Resolution” who also helped me in
completing my project.
I would also like to extend my gratitude to the Principal Mam
“Dr. Atasi Roy Khaskel” for providing me with all the facility that
was required.

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 INTRODUCTION
Alternative Dispute Resolution (ADR) is a technique for
resolving a dispute between two parties outside of the
traditional legal system. This approach of conflict settlement
has now been adopted as a tool to assist courts of justice in
resolving issues as quickly as possible. The basic purpose of
courts is to dispense justice to those who appear before them.
The courts have an obligation to resolve litigation in a fair
amount of time, which is a hallmark of a functioning justice
delivery system. Because of historical causes, the concept of
ADR has gained a lot of traction. The main purpose of ADR is
to resolve the conflict in a more effective and expeditious
manner. It aims to provide a remedy to an aggrieved party
which is cheap, speedy and less formalistic.
Humans’ drive for survival prompted rivalry with their fellow
species over scarce natural resources. With competition came
conflicts and conflict, which were settled, first and foremost,
as a natural aspect of human existence, through combat or
battle. This natural phenomenon persists to this day. The
Indian judiciary is one of the world’s oldest legal systems, but
it is also well-known that it is growing ineffective in dealing
with pending cases, with Indian courts congested with long
unresolved cases. The situation is that, despite the
establishment of over a thousand fast track courts that have
already resolved millions of cases, the problem is far from
fixed, as pending cases continue to pile up. Alternative Dispute
Resolution (ADR) can be a helpful tool in such a situation since
it settles disagreement in a peaceful manner with a result that
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is accepted by both parties. ADR is a non-judicial alternative to
litigation that includes mediation, arbitration, conciliation,
negotiation, judicial settlement, and any other procedure of
settling a dispute that is not governed by court regulations.
ADR is becoming a more prevalent means of resolving
disagreements between parties, particularly in commercial
issues, as time goes on

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 EVOLUTION OF ADR
The law and practise of resolving private and transactional
economic conflicts without resorting to the courts can be
traced back to ancient India. Since Vedic times, India has used
arbitration or mediation as an alternative to local courts for
resolving disputes.
The Bhradarnayaka Upanishad is the earliest known text, in
which several sorts of arbitral bodies are mentioned,
including:
(i) the Puga,

(ii) the Sreni, and

(iii) the Kula.

Before the British came in and established their rule,
arbitration thrived in India in the form of panchayats. The
League of Nations met in 1923 and adopted the Geneva
Convention. The Geneva Convention also included arbitration
clauses. The first dedicated arbitration provision was Section
89 of the Civil Procedure Code of 1908, which provided for
arbitration, but it was repealed by Section 49 and Schedule III
of the Arbitration Act of 1940. By promulgating legislation in
the three presidential towns of Calcutta, Bombay, and Madras,
the British administration gave the law of arbitration legislative
form. The Bengal Resolution Act of 1772 and the Bengal
Regulation Act of 1781 gave parties the option of submitting

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their differences to an arbitrator who was appointed by
mutual accord and whose decision was binding on both
parties. These were in effect until the Civil Procedure Code of
1859, and they were extended to the Presidency towns in
1862.
Today with the backlog of cases in courts across the country
slowly being reduced, ADR is increasingly being explored,
however; ADR in India is still relatively in its infancy stage.

VARIOUS MODES OF ALTERNATIVE DISPUTE

RESOLUTION IN MODERN SOCIETY

1.ARBITRATION : Only if the parties have signed a valid

Arbitration Agreement prior to the occurrence of the dispute
may the arbitration process begin. Such an agreement must be
in writing, according to Section 7. The contract that is the
subject of the dispute must either include an arbitration clause
or refer to a separate document signed by the parties that
contain the arbitration agreement. Written correspondence
such as letters, telex, or telegrams, which give a record of the
agreement, can also be used to infer the existence of an
arbitration agreement. A legitimate written arbitration
agreement is sometimes defined as an exchange of statement
of claim and defence in which one party alleges the existence
of an arbitration agreement and the other party does not deny
it. Any party to a contract with an arbitration clause can use
the arbitration clause either directly or through an authorised
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agent, who will send the issue to arbitration according to the
arbitration clause. In this context, an arbitration clause is a
clause that specifies the course of action, language, number of
arbitrators, and seat or legal location of the arbitration in the
event of a dispute between the parties.
Section 8 of the Arbitration and Conciliation Act of 1996 states
that if one party disregards the arbitral agreement and files a
civil lawsuit instead of going to arbitration, the other party may
petition the court to refer the case to an arbitration tribunal as
per the agreement, but not later than the submission of the
first statement. The application must contain a certified copy
of the arbitration agreement, and the matter will be referred
to arbitration if the courts are satisfied.

2.MEDIATION : Mediation, often known as “appropriate

dispute resolution,” is a type of alternative dispute resolution
(ADR) that tries to help two (or more) disputants achieve an
agreement. Rather than accepting something imposed by a
third party, the parties define the terms of any settlements
made. States, organisations, communities, people, or other
representatives having a vested stake in the result may be
parties to the conflicts. Mediators utilise appropriate strategies
and/or abilities to help disputants open and/or improve
discussion, with the goal of assisting the parties in reaching an
agreement (with real consequences) on the disputed topic. In
most cases, all parties must see the mediator as neutral.
Mediation can be used in a range of situations, including
economic, legal, diplomatic, workplace, community, and
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familial disputes. Contracts and mediation between (say)
unions and corporations may be negotiated and mediated by
a third-party representative. When a workers’ union goes on
strike, a dispute arises, and the company appoints a third party
to mediate in an attempt to reach an agreement between the
union and the company.

3.CONCILIATION : Conciliation is similar to arbitration in that

it is less formal. It is a method of achieving an amicable
conclusion between parties in which the parties to a dispute
hire a conciliator to meet with them separately to settle their
differences. Separate meetings with the conciliator are held to
reduce tension between the parties, improve communication,
and interpret issues in order to reach a negotiated settlement.
There is no requirement for prior consent, and it cannot be
imposed on a side that does not want to reconcile. In that
sense, it differs from arbitration.

4.NEGOTIATION : Negotiation is a conversation aimed at

resolving disagreements, reaching an agreement on a course
of action, bartering for personal or collective gain, or crafting
solutions that fulfil a variety of interests. It is the most common
form of ad hoc dispute settlement. Business, non-profit
organisations, government branches, legal proceedings,
international interactions, and personal circumstances such as
marriage, divorce, parenthood, and everyday living all require
negotiation. The study of the subject is known as negotiation

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theory. Negotiators are people who work for a living in the field
of negotiation. Professional negotiators might be specialised,
such as union negotiators, leverage buyout negotiators, peace
negotiators, or hostage negotiators, or they can work under
different names, such as diplomats, legislators, or brokers.

5.LOK-ADALAT : The chairman of the Lok Adalat, often

known as the ‘People’s Court,’ is a sitting or retired judicial
officer, social activist, or member of the legal profession. For
the purpose of exercising such jurisdiction, the National Legal
Service Authority (NALSA) and other Legal Services Institutions
hold Lok Adalats at regular intervals. Any case in normal court
that is pending or any disagreement that has not been
presented before a court of law can be referred to Lok Adalat.
There are no court expenses, and the process is expedited by
following a precise procedure. The court fees originally paid in
the court when the petition was filed are also reimbursed back
to the parties if any matter standing in court is referred to the
Lok Adalat and is concluded later.

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 CONCLUSION

To conclude, alternative dispute resolution is a substitute to

the conventional court system whereby dispute between
parties is resolved without the intervention of court
proceeding. In terms of dispute settlement procedures, human
civilisation has progressed significantly. The ADR movement
needs to move at a faster rate. This would considerably reduce
the pressure on the courts while also providing low-cost,
immediate justice at the doorstep. If they are successfully
implemented, they will truly achieve the purpose of providing
social justice to the disputants.

Human civilisation has come a long way forward as far as

methods for dispute resolution is concerned. The
development of ADR mechanisms has been prominently
driven by the objective of resolving the issues in a timely and
cost effective manner. The evolution of ADR mechanisms
portrays an entangled scenario; and, one thing is sure that
both legislature and judiciary has had a hard time in
streamlining all the ADR mechanisms and rules regarding
them. The history of ADR mechanisms started with the
enactment of arbitration laws which evolved a lot over time.
With time the other ADR mechanisms knocked on the door of
Indian Parliament and Parliament was prudent enough to
incorporate these new methods for dispute resolution. The
Government also ensured that these methods are used on a

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specific basis in particular industries, for instance, the
Commercial Courts Act, 2015 and the Micro, Small and
Medium Enterprises Development Act, 2006. There has been
discontent within the legal fraternity with regards to
amendments in Section 89, which has been resolved based on
the recommendations of Justice (Retd.) M. Jagannadha Rao
Committee Report. The present day Indian Government is
taking further steps in the evolution of ADR mechanisms
wherein it desires to make India a global destination for
arbitration and other dispute resolution methods.

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 BIBLIOGRAPHY
. https://www.ijclp.com
. https://www.scconline.com
. https://www.legalserviceindia.com

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