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VOL. 12, ISSUE 1 (2026)
Alternative dispute resolution in India and the crisis of justice delivery: Institutional design, power asymmetry, and the limits of consensual justice
Authors
Shubhang Gomasta, Sushmita Das
Abstract
Alternative Dispute Resolution (ADR) has been
widely promoted in India as a solution to judicial backlog, delay, and
procedural inefficiency. Arbitration, mediation, conciliation, and Lok Adalats
are increasingly positioned as instruments of speedy, cost-effective, and
participatory justice. However, the growing institutionalization of ADR raises
critical questions regarding its capacity to deliver substantive justice,
particularly in contexts marked by unequal bargaining power, lack of procedural
safeguards, and weak regulatory oversight. This article undertakes a critical
and systemic examination of ADR in India, moving beyond efficiency-based
narratives to interrogate its impact on fairness, accountability, and access to
justice. Using doctrinal and analytical legal methodology, the study evaluates
the structural design of ADR institutions, judicial approaches to consensual
justice, enforceability of outcomes, and the implications of privatized dispute
resolution. The article argues that while ADR has alleviated certain
administrative burdens of courts, it has simultaneously produced new forms of
injustice by normalizing settlement over adjudication, efficiency over equity,
and consent over rights. The study concludes by proposing institutional and
normative reforms aimed at rebalancing ADR within India’s constitutional
justice framework.
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Pages:12-15
How to cite this article:
Shubhang Gomasta, Sushmita Das "Alternative dispute resolution in India and the crisis of justice delivery: Institutional design, power asymmetry, and the limits of consensual justice". International Journal of Law, Vol 12, Issue 1, 2026, Pages 12-15
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