THE CHANGING FACE OF CONTRACTUAL DISPUTE RESOLUTION: A STUDY OF ADR MODES IN INDIA
DOI:
https://doi.org/10.65009/dc8yc297Keywords:
Mediation Act, 2023, Conciliation and Arbitration, Commercial Dispute Resolution, Mediation Council of India, Enforceability of Settlement Agreements,,Abstract
Contracts are the backbone of trade, business and daily life, and disagreements over them are
unavoidable. Courts remain the traditional forum for settling such disagreements, but rising case
pendency, cost and delay have pushed parties towards faster and friendlier routes. This paper
studies Alternative Dispute Resolution (ADR), with a close look at conciliation, arbitration and
mediation, as tools for resolving contractual disputes. It places India’s legal framework, including
the detailed provisions of the Mediation Act, 2023, within the wider international picture,
examines how mediation is becoming a preferred choice for commercial parties, and studies the
opportunities this shift opens up for lawyers. It further looks at the growing need for trained
mediators, the institutes now offering mediation courses, the legislative steps taken in India, the
contribution of legal academia, the role played by the Bar Council of India and the judiciary, and
finally the question of how binding ADR outcomes are. The paper closes with concrete suggestions
for strengthening ADR as the future pathway for resolving contractual disputes in India.
