THIS ARTICLE WAS WRITTEN BY RAJ KRISHNA, A STUDENT OF CHANAKYA NATIONAL LAW UNIVERSITY.

INTRODUCTION

“I realized that the real role of a lawyer is to bring together groups… It was a significant portion of my time over the twenty years of my legal career was spent negotiating private compromises in thousands of legal cases. I didn’t lose anything, and not even money. and certainly not my soul. .”

– Mahatma Gandhi

One of the biggest disadvantages of the Indian legal system, as well as law enforcement agencies, is the ineffective delivery of legal aid to individuals who are in need. In the meantime, pending cases are greater than cases that are actually resolved. The reason for this situation is the increase in the number of offenses as well as the time it takes to resolve the issues from the perspective of judges. In such a scenario, the Alternative dispute resolution mechanism is a crucial element in the resolution of disputes between individuals that are less significant when compared to serious crimes to ensure that the court does not waste its valuable time and resources, as the parties involved will receive the most effective resolution to their disagreements. [1] However, ADR is also not free of criticism. Some view it as ineffective, but others acknowledge the fact that ADR is only a procedure in order to find out the minimum amount that the other party will be willing to accept if the offer is higher than the alternative of reverting to the conventional legal system.

HISTORICAL BACKGROUND OF ADR

Arbitration as a means of alternative to the municipal courts for dispute resolution has been a regular practice in India since the Vedic times. Even under Muslim Rule, the course of Arbitration was prevalent in India. A person who arbitrated at the time had to possess the necessary qualities for an official position as a Kazee (a judge who ruled over a court of law in a court of law. However, he was subordinate to Kazee, and his decision was subject to the approval of Kazee. [2]

After the establishment of the East India Company, ADR became more popular. In addition, the British government provided a legislative structure to arbitration law through the promulgation of regulations.

A few of the ADR laws which were passed during the British Era were:

*Bengal Regulation Act, 1772 and 1781.

*Indian Arbitration Act 1899. This Act was based on the British Arbitration Act of 1889*Indian Arbitration Act, 1899 [This Act was based on the British Arbitration.

*Code of Civil Procedure, 1908 (Section 89)

* The Arbitration (Protocol as well as Convention) Act, 1937 The Act was passed in India to implement and implement the Geneva Protocol on Arbitration Clauses 1923, as well as the Geneva Convention on the Execution of Foreign Arbitral Awards 1927.

The Arbitration Act of 1940 addressed the various stages in an Arbitration process. The Act, however, focused on only domestic Arbitration. [3]

POST-INDEPENDENCE LAWS

The Arbitration and Conciliation Act 1996 The Government of India passed with the intention of bringing 11940Act to conformity with current requirements and ensuring that the law of India was in line with the various international conventions and protocols that took place between 1960 and 1990.

In the wake of Bhatia and BALCO decisions, The 1996 Act changed during 2015, including the Arbitration and Conciliation (Amendment) Act, 2015A.C. 2015. [4]