With the rapid globalization of the economy and the resulting increase in competition, there has been a significant increase in commercial disputes. The outpaced rate of development has led to an increase in industrial growth, modernization, improved socio-economic circumstances, technological development which in turn has led to an increase in case overloads for the already overburdened courts. India’s GDP which was expected to increase by 7.6 % in the year 2018-2019 as estimated by the World Bank data is a clear picture of the rate at which development is taking place. Development and disputes are two sides of the same coin, which means that the alarming rate of development has its snag, which is the increasing number of disputes in various sectors.
The multiplying of outstanding cases in the courts, exorbitant delays in the administration of justice and expenses of litigation have continued to plague people thereby undermining their faith in the justice system. The issue at hand is to examine and choose the right formal legal system, such as Alternative Dispute Resolution procedures. India has a standing as being one of the oldest in the history of the judicial system. However, according to the latest data given by National Judicial Data Grid as on February 2019, 2,97,97,288 cases have been pending in the country. Alternate Dispute Resolution has floated from the fundamental rights which have been enshrined in our Constitution, namely Article 14 which deals with Equality before law and Article 21 which deals with the right to life and personal liberty. The primary motive of this resolution mechanism is to provide social-economic and political justice and maintain integrity in the society. It also strives to achieve equal justice and free legal aid provided under Article 39-A relating to Directive Principles of Read More
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