Alternate Dispute Resolution
Alternate Dispute Resolution (ADR) methods preface significant advantages over formal legal proceedings, not least of which is speed and cost-effectiveness. They also permit legal and procedural flexibility, and are preferable for preservation of commercial relationships.
Courts in India have long recognised the benefits of ADR and actively encourage parties to resolve, or at least narrow, disputes that would otherwise require full adjudication. The Supreme Court has affirmed that, under Section 89 of the Code of Civil Procedure, courts must refer cases for ADR “where it appears … that elements of settlement exist”. Furthermore, judicial impatience with parties who unduly delay arbitrator appointments or obstruct ADR is well-established, with courts routinely penalising such dilatory tactics
Well-versed in the full gamut of dispute-resolution mechanisms, the Firm is committed to deploying ADR wherever appropriate. We are at the forefront of implementing fast-track commercial dispute frameworks, including under the Commercial Courts Act (2015) with mandatory pre litigation mediation for specified commercial disputes.
With decades of accumulated experience in ADR, the Firm is both attitudinally and practically equipped to manage:
- Court supervised ADR, including mediation, conciliation, and Lok Adalat processes.
- Out of court/private ADR, such as institutional and ad hoc arbitration and private mediation.
- Fast track ADR mechanisms, tailored under commercial-dispute legislation for expedited outcomes.
The Firm is fully engaged in ADR practice and continues to deepen its expertise. We regularly act in some of the most significant ADR proceedings in India — particularly involving intellectual property disputes — and maintain a high rate of successful resolutions.
Related Industries:
ADR has become a cornerstone approach in sectors such as technology, pharmaceuticals, media & entertainment, manufacturing, finance, and FMCG, where confidentiality, speedy resolution, and commercial continuity are paramount.