The focus of the Indian population is increasingly concentrating upon the awareness of their

rights and in case of any breach of their rights; they arent hesitant to seek a redressal from a
competent authority. This has brought about a huge number fresh litigations to the Indian
Judiciary that comprises of numerous courts that are strategically classified upon its power to
adjudicate a matter in dispute. With the fast moving life where there is hardly any room for
the time lapse, people get aggrieved and disappointed by the justice imparting institutions as
doing a gross or complete justice is prolonged for several years. People tend to opt for the
method of dispute resolution that happens to most efficient which is only possible if the opted
method is free from institutional shortcomings. This has lead the common people to switch
over some other means which is free from the shortcomings that exists in the Indian
Judiciary. There are several alternatives apart from the mainline litigation or courtroom trial.
The new trend among the people for deciding the method of dispute resolution is accordingly
based upon their priorities and considerations that includes confidentiality, personal control,
time, costs, maintaining relationships, moral or some other principles or enforceability but yet
for many people the litigation is the ultimate way is the litigation. One such pathway is the
ADR or otherwise known as Alternative Dispute Resolution.

Alternative dispute resolution, the name itself suggests resolution of dispute between the
parties by a neutral third party (Arbitrator) outside the purview of Court. ADR is seen as a
mechanism designed to meet the needs especially recent economic reforms. Business
personnel within the Country and foreign investors emphatically needed ADR to amicably
settlement of disputes in the field of their transactions. Justice Malimath Committee 1, stressed
the importance of alternate dispute resolution to supplement legal system and with view to
add overburdened Courts. The alternative modes of settlement have been given stimulus by
the recent amendments to Code of Civil Procedure, 1908. Under Section 89 of the Code,
Courts have been empowered to the possibilities of settlement of dispute through Lok
Adalats, Arbitration and Conciliation. If the parties are agree to settlement of their dispute by
arbitrator than that case will go outside the stream of Court but it would not ipso facto take
the case outside the judicial system. All that this means is that effort has to be made to bring
about amicable between the parties but if conciliation or mediation or judicial settlement is
not possible, despite efforts being made, the case will ultimately go to trial.

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The Article attempts to explore viability of Alternative Dispute Resolution in achieving the
abovementioned goals of effective judicial redressal system. The utility of ADR in dispute
resolution has been emphasized and the focus has also been placed in other mechanism of
ADR such as mediation and conciliation.