SCHOOL OF LAW

Synopsis Submitted on:

ROLE OF JUDICIARY IN PROMOTING ADR

In the subject of:
Alternative Dispute Resolution

Submitted To:
Prof. Ishnoor Arora

Submitted by:
Sachit Agarwal (A013)

1 | Page

B.B.A., LL.B (Hons.)

TITLE
ROLE OF JUDICIARY IN PROMOTING ADR
RESEARCH PROBLEM
Dispute resolution outside of Courts is not new. Societies world-over have long used nonjudicial, indigenous methods to resolve conflicts. What is new is the extensive promotion and
proliferation of ADR models, wider use of Court connected ADR, and the increasing use of ADR
as a tool to realize goals broader than the settlement of specific disputes. ADR and the Judiciary
should work simultaneously together and hand in hand because they are both dependable on each
other. The Courts should encourage the parties to settle the disputes through the ADR
mechanisms. With the increasing number of cases the Indian Judiciary has put in immense efforts
to settle disputes by referring them to various alternative dispute resolution mechanisms.
However, the international judicial community is of the view that the Indian Courts are unable to
reach the desired standards. Therefore, the issue pertinent to this paper is the role of judiciary in
dispute resolution by promoting ADR.
RESEARCH OBJECTIVES
1. To understand the importance of ADR as a dispute resolution mechanism.
2. To analyze the role of judiciary in promoting ADR.
3. To study the role of the judiciary in the development and enhancement of the ADR
system.
REVIEW OF LITERATURE

2 | Page

Most Cases Settle: Judicial Promotion and Regulation of Settlements through ADR- Marc
Galanter & Mia Cahill1
The author discusses the judicial promotion of ADR mechanisms and dispute settlements through
various ADR techniques. The fact that litigation ends in settlement in the vast majority of cases
may lead one to conclude that settlement is the preferred alternative to trial. Efforts to promote
settlement include that courts adopt techniques for expediting the litigation process. The authors
argue that courts and policymakers should approach settlement with a more critical eye,
distinguishing good settlements from less desirable ones.
Implementation of ADR by Judiciary: Lessons Learned from Practice- Gary Born2
The author explained the importance given by the SC to ADR. The SC handed down a landmark
judgment in Bharat Aluminium v. Kaiser Aluminium on 6th September, 2012. The SC held that
Indian Courts would no longer exercise authority to annul awards, or remove and appoint
arbitrators in arbitrations seated outside India. In that the Court relied on international authority
for domestic decisions in which Indian Courts had claimed the right to set aside awards made
outside India. It is important to recall that India was one of the first signatories to the New York
Convention in 1958 and that the Indian Parliament was one of the first national legislatures to
give effect to the Convention, through its enactment of the 1961 Foreign Awards (Recognition
andEnforcement) Act. The FARE Act was, in the words of the SC, calculated and designed to
facilitate and promote international trade by providing for speedy settlement of disputes arising
in trade through arbitration. Therefore, it is clear that the SC is also inclined towards ADR for
dispute resolution.

http://www.jstor.org/stable/1229161?seq=1#page_scan_tab_contents

http://heinonline.org/HOL/LandingPage?handle=hein.journals/haneg5&div=9&id=&page=

3 | Page

Emphasis on cost of litigation- Sangeeta Sehgal

ADR is the weapon to meet the challenge of the rising cost of litigation and reduce the pendency
of litigation. But the fact that if anyone is going for arbitration, he/she will end up paying more
than what he would in Courts as most arbitrators are charging above Rs. 10,000 per sitting in
addition to the lawyers fees. Lokadalats have also failed as they cannot take any decision, if one
of the parties does not agrees for settlement.

RESEARCH METHODOLOGY
As the study was critical in nature, doctrinal methods have been adopted for the purpose of
research. This research is factual and analytical in nature. Secondary and electronic resources
such as online articles and websites have been used to gather information and data about this
topic. Further, primary sources such as books have also been referred to.
RESEARCH QUESTIONS
1. What does ADR mean?
2. What are the different forms of ADR?
3. What role does the judiciary play in promoting ADR?
HYPOTHESIS
The judiciary performs an important task in resolving disputes by referring them to ADR
mechanisms.
TENTATIVE CHAPTERIZATION
Abbreviations
Table of cases/ statutes

4 | Page

Chapter 1: Introduction
Chapter 2: Analysis of Role of Judiciary
Chapter 3: Conclusion & Suggestions
Bibliography/ References

5 | Page