ADR - An Emerging, Powerful & Effective Justice System

14/11/2025

Much has been said and written about the problems plaguing the Indian judiciary. The shortage of judges, insufficient infrastructure, and lack of experience at the lowest levels are some of the major causes of delay in justice. The famous saying "justice delayed is justice denied" has unfortunately become a painful reality. In the present circumstances, the credibility and timely decision-making of the judicial system have become distant dreams. Civil litigation today takes so long that it often does not end even in one's lifetime. No matter how clever or intelligent a litigant or lawyer may be, the outcome remains uncertain because accountability of judges under existing laws is almost non-existent.
Statutes such as the Domestic Violence Act prescribe that cases should be decided within 60 days, while the Hindu Marriage Act and various Family Laws fix six months as the outer limit for disposal of matrimonial cases. Maintenance cases, too, are supposed to be decided swiftly. However, these timelines appear attractive only on paper-they have become mere daydreams in reality. The pendency of cases in Indian courts reflects a grim situation. Justice, which is a fundamental right of every citizen, particularly speedy justice, remains far from reach for the common man.
One of the possible solutions is to fill up all judicial vacancies across the country on a priority basis. Courts, especially in smaller regions like Jammu, suffer not only from lack of manpower but also from inadequate infrastructure. Many courts still function without proper chairs or basic furniture, forcing lawyers and litigants to use wooden benches. The absence of Wi-Fi facilities in court complexes makes it difficult to conduct effective virtual hearings-a necessity in the modern digital age. Even basic amenities such as clean washrooms and proper parking facilities are either lacking or poorly managed. Such conditions are not just inconvenient; they are shameful and fail to inspire confidence in the justice delivery system.
Another serious concern is the practice of judges reserving judgments for months or even years. Some judges, awaiting transfers or promotions, keep delaying pronouncements, leading to further erosion of public faith. This repeated adjournment culture damages the image of the judiciary and defeats the very purpose of justice.
In this backdrop, Alternative Dispute Resolution (ADR) mechanisms have emerged as a powerful and effective system for delivering justice. ADR includes methods such as mediation, arbitration, conciliation, and negotiation. These approaches focus on resolving disputes amicably, outside the rigid formalities of the courtroom, and within a shorter time frame. ADR not only reduces the burden on courts but also ensures that parties involved reach a mutually beneficial solution, maintaining relationships and saving both time and money.
However, for ADR to function effectively, it must be implemented professionally and not treated as a charitable exercise. Experienced lawyers should be encouraged to participate as mediators and arbitrators. The government and High Courts must frame a proper fee structure and rules for mediation and arbitration, recognizing that lawyers invest their time and expertise-which are valuable resources. Just as judges and legislators are paid handsomely for their work, mediators and arbitrators must also be adequately compensated to ensure accountability and efficiency.
A strong and structured ADR system provides a win-win situation for all stakeholders. It promotes quick, effective, and time-bound justice while preserving harmony between parties. It also helps rebuild public faith in the justice system by offering an accessible alternative to the traditional, overburdened courts.
In conclusion, the justice system in India stands at a crossroads. While judicial reforms and better infrastructure are essential, embracing ADR is equally crucial. By legalizing proper fee structures, encouraging trained mediators and arbitrators, and institutionalizing ADR practices, India can move closer to realizing the dream of speedy, fair, and effective justice for all.
(Writer is a practicing lawyer and former President J&K High Court Bar Association Jammu)

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